Adjudication

Adjudication is a method of dispute resolution that offers considerable advantages over litigation or arbitration but there are many traps for the unwary. We offer guidance by assisting you and your client on the benefits of focusing on your claim rather than face a rapid adjudication procedure.

Adjudication became mandatory in all construction contracts (as defined) when the Housing Grants, Construction and Regeneration Act (the Construction Act) came into force in May 1998. Since that date our lawyers have been the first choice for many parties involved in adjudication and represented clients in adjudications concerning fee claims and other payment disputes, professional negligence, technical or quality disputes and detailed examination of issues of time, loss and expense.

We also have extensive experience of enforcing adjudication decisions and have been involved in shaping this evolving area of law. Reported decisions include:

• Northern Developments (Cumbria) Ltd v J & J Nichol LTL 27/1/2000
• Absolute Rentals Ltd v Gencor Enterprises Ltd (2000) CILL 1637
• R Durtnell & Sons Ltd v Kaduna Ltd (2003) BLR 225; 93 Con LR 36
• Dean & Dyball Construction Ltd v Kenneth Grubb Associates Ltd 100 Con LR 92
• London & Amsterdam & Amsterdam Ltd v Waterman Partnerships Ltd (2004) BLR 179: 94 Con LR 154  
• BSF Consulting Engineers Ltd v MacDonald Crosbie [2008] All ER (D) 171 TCC
• Westwood Structural Services Ltd v Blyth Wood Park Management Co Ltd (2009) CILL 2666
• Camlin Denny Architects Ltd v Adelaide Jones & Co Ltd (2009) BLR 606
• Anglo Swiss Holding Ltd and others v Packman Lucas Ltd (2010) BLR 109
• Mentmore Towers Ltd and others v Packman Lucas Ltd (2010) EWHC 457 (TCC)

Our lawyers frequently contribute to legal and trade publications offering their expert opinions on this evolving area of law. 

If you have specific questions or want to enquire about our adjudication services or receive details of our regular updates on adjudication through seminars and quarterly bulletin Construction review please take the enquiry link.

We offer free initial advice on the suitability of your dispute for adjudication. For an initial consultation, please take the 'Meet the lead partners' link or contact associate, Peter Stockill.

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