Adjudication Claims

Welcome to Francis Wilks & Jones a firm of lawyers specialising in Construction Adjudication.

Construction Adjudication is a compulsory procedure for resolving disputes as an alternative form of Construction Dispute Resolution. Construction Adjudication allows the parties to resolve Construction Disputes without the need for parties to engage in a lengthy and often extremely costly court case. The Construction Adjudication Process was introduced in the UK in 1996 by the Housing Grants, Construction and Regeneration Act (“Construction Act”).

Construction Adjudication applies to parties under a Construction Contract. The parties cannot contract out of it. The Construction Adjudication Process is a 28-day procedure although in some cases the parties can agree an extension to this period.

Construction Adjudication is a complex area and we advise that any party seeking to commence the Construction Adjudication Process (or parties that have been served with such proceedings) should seek independent legal advice.

For out of hours enquiries, call our Head of Construction & Engineering, Steve Killick  on +44 (0)7587 550 089.

1. What is Adjudication in construction?

In construction law, it is common to hear people ask ‘what is adjudication in construction’ and why has it become increasingly popular with building lawyers. Construction adjudication is a cost effective and efficient mechanism for resolving construction disputes. It can be described as a “pay now, argue later” construction procedure which seeks to maintain cash flow during construction projects. The construction adjudication process results in a binding, but not final decision. In practice, a construction adjudication award is often the final resolution of a construction dispute. Contact the expert construction solicitors today for your friendly consultation.

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2. What is Adjudication in Construction Law?

Building lawyers often get asked ‘what is adjudication in construction law’? Adjudication in construction law is a contractual or statutory procedure for swift interim construction dispute resolution. Construction adjudication has become more prevalent in the construction industry than in other commercial sectors. Construction adjudication is a cost effective and efficient process and described in the construction industry as “pay now, argue later” procedure which seeks to maintain cash flow during construction projects. Contact a construction lawyer at FWJ today for your friendly consultation.

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3. What is the Housing Grants Construction and Regeneration Act?

We commonly get asked What is the Housing Grants Construction and Regeneration Act? The Housing Grants Construction and Regeneration Act is also known as the “Construction Act”. It has been an important part of construction law since it came into force on 1 May 1998. Amendments to the Construction Act came into force in 2011 and affects all “construction contracts” in England, Wales and Scotland. The amendments intend to increase clarity in construction contracts, introduce a reasonable payment regime and improve rights for contractors to suspend their work in non-payment circumstances and to encourage the use of construction adjudication and encourage construction dispute resolution. Contact the leading construction lawyers today who can help you answer the question ‘what is the Housing Grants Construction and Regeneration Act’?

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4. What is the adjudication scheme for construction contracts?

We are often asked, ‘What is the adjudication scheme for construction contracts?’ The adjudication scheme for Construction Contracts (England and Wales) Regulations 1998, “The Scheme”, provides a fall-back position where a construction contract does not include all the construction adjudication provisions set out in the Construction Act 1996. The adjudication scheme’s construction adjudication provisions take effect as implied terms. A construction lawyer must be well versed in The Scheme and the team at Francis Wilks & Jones can provide expert assistance you need to resolve your construction dispute.

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5. What must be included in the Adjudication process in construction?

We are often asked ‘what must be included in the adjudication process in construction’. The construction adjudication process begins when the party referring the construction dispute to adjudication gives written notices of its intention to do so. This is known as the Notice of Adjudication and is the first formal step in the adjudication process in construction.

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6. What is a response to the Referral Notice?

The expert construction law team at Francis Wilks & Jones is often asked What is a response to the Referral Notice? A response to the referral notice in construction adjudication is essentially the responding party providing a defence to the referring party’s claim. The responding party in the construction adjudication process must serve a response to the referral notice within the timescales imposed by the construction adjudication process, or as extended by the parties’ agreement (requests for this to be extended to 14 days are usually agreed). The construction adjudication response should be supported by evidence, include submissions and set out a detailed and full reply to the factual and legal basis of the referring party’s case.

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7. Does the Referring Party have a right to reply?

Our team of construction lawyers often get asked “does the Referring Party have a right to reply?” The need for further submissions after the referral notice is served is not specifically required in the Construction Act 1996, nor is there provision in the adjudication scheme for Construction Contracts (England and Wales) Regulations 1998. The adjudicator can choose to grant the referring party permission to issue a reply and permission to the responding party to issue further submissions in rejoinder to the reply. There will invariably come a point in the construction adjudication process when the construction adjudicator refuses to consider any further correspondence from either party due to the tight timescales and will proceed to reach a decision.

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8. Is an Adjudication decision binding?

In the context of construction claims, our expert construction law team are often asked “is the Adjudication decision binding?” In the adjudication process in construction, a decision is made within 28 days of service of the referral notice, unless extended by a further 14 days if the referring party agrees, or if both parties to the construction adjudication agree. The decision is final and binding provided it is not then challenged by litigation or arbitration. The team of construction solicitors at Francis Wilks & Jones can advise you how best to deal with the construction adjudication process and what happens is an adjudication decision is challenged.

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9. Can a party object to the Adjudicator?

A construction adjudicator must ensure that there is no conflict of interest before being appointed in the construction adjudication process. The appointment of the construction adjudicator is a very important aspect of the construction adjudication process and a failure to act impartially could result in the Court refusing to enforce a decision because there has been a breach of justice due to the bias of the appointed construction adjudicator. The answer to the question can a party object to the Adjudicator is yes, although only in certain circumstances. Our expert construction law team can assist in dealing with objections to a construction adjudicator.

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10. Adjudication Construction Act

The Housing Grants Construction and Regeneration Act 1996, is also known as “the Adjudication Construction Act”. It has been an important part of construction law since it came into force on 1 May 1998. Amendments to the Adjudication Construction Act came into force in 2011 and affects all “construction contracts” in England, Wales and Scotland. A key aspect of the Adjudication Construction Act is that access to adjudication is a statutory right for parties to a construction contract and parties cannot contract “out of” this right. Contact an expert construction solicitor today who can assist with any questions relating to the adjudication construction act.

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11. Adjudication Scheme For Construction Contract

The Adjudication Scheme for Construction Contract, also known as The Scheme for Construction Contracts (England and Wales) Regulations 1998, is an adjudication process that applies when a construction contract does not include all the construction adjudication provisions set out in the Construction Act 1996. The provisions in the adjudication scheme for construction contract takes effect as implied terms. The team at Francis Wilks & Jones can provide further information relating to the adjudication scheme for construction contract and deliver the expert assistance you need to resolve your construction dispute.

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12. Construction Adjudication Definition, Construction Adjudication Scheme

In simple terms, the construction adjudication definition, construction adjudication scheme can be explained as a ‘rough and ready’ construction dispute resolution process which is available to parties with a construction contract. The purpose is to provide an interim solution to a dispute (of which the decision is almost always accepted as final) in order to ensure cash flow is maintained through the supply chain.

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13. Adjudication Construction Case Law

The first case on enforcement of an adjudicator’s decision was the case of Macob Civil Engineering v Morris Construction Ltd [1999] EWHC. Since then, there have been hundreds of cases dealing with construction adjudication issues under the Construction Act (Housing Grants, Construction and Regeneration Act 1996). Many construction adjudication cases concern the failure to make jurisdictional challenges during the construction adjudication process, but which are later submitted at the enforcement stage. The result of these construction adjudication cases are a stark reminder of the importance of reserving and maintaining a jurisdictional challenge during the construction adjudication process. Other construction adjudication cases concern the true value of an interim payment and issuing Part 8 claims to seek declaratory relief from the Court.

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14. Construction Adjudication Advantages and Disadvantages

Construction adjudication has many benefits and the most important is the efficiency of the process. It is designed to ensure the smooth running of any construction contract under which a dispute arises and enables that dispute to be swiftly and efficiently resolved. However, construction adjudication is not for everyone and may not always be a suitable scenario. There are both construction adjudication advantages and disadvantages which are explained further below.

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15. Construction Contracts Adjudication Service

At Francis Wilks & Jones, we offer a construction contracts adjudication service whereby we offer assistance and advice to construction clients on a full array of construction matters. We act for contractors, employers and other professionals of the construction industry who require a tailored construction contracts adjudication service from commencement to enforcement.

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16. Construction Contracts Act Application For Adjudication

Legal advice building disputes are key words in construction law which we are often asked to advise clients on, principally in relation to disputes concerning construction contracts. The Construction Act (Housing Grants, Construction and Regeneration Act 1996) introduced statutory adjudication, which applies to parties to a construction contract. If you require assistance or advice in relation to an application for adjudication, get in touch with one of our construction lawyers now.

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17. Construction Contracts Act Adjudication Of Payment Disputes

The Construction Act (Housing Grants, Construction and Regeneration Act 1996) introduced statutory adjudication, which applies to parties to a construction contract. Originally, adjudication was developed to solve cash flow issues as part of the interim application for payment process, but as it has been fundamentally successful as a construction dispute resolution it has been adopted by parties to resolve other types of construction disputes. Francis Wilks & Jones is a firm of lawyers specialising in construction adjudication, including the adjudication of payment disputes. If you require construction law advice in relation to Construction Contracts Act Adjudication Of Payment Disputes get in touch with one of our construction lawyers now.

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18. Construction Adjudication Explained

Construction adjudication explained in simple terms is a cost effective and efficient mechanism for resolving construction disputes. It is a construction procedure that seeks to maintain cash flow during construction projects and is now the most popular dispute resolution method to settle construction disputes arising under the contract. The adjudication process in construction results in a binding, but not final decision. The construction adjudication process will either be defined in the construction contract or if not, it will follow the Scheme for Construction Contracts. Contact our construction law & engineering team at Francis Wilks & Jones today for more information.

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19. Construction Adjudication And Payments

Construction adjudication and payments can be discussed at length by building lawyers and industry professionals, and quite often dominates construction law seminars and events. Construction adjudication is a well-known construction dispute resolution method in construction law. Any party to a construction contract has a statutory right under the Housing Grants, Construction and Regeneration Act 1996, as amended (“the Construction Act”) to refer a dispute to construction adjudication at any time. The contract must be a construction contract as defined in the Construction Act. It is a “pay now, argue later” mechanism which seeks to maintain cash flow during construction projects. Therefore, payment disputes during the construction contract are ideally suited to construction adjudication.

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20. Construction Industry Adjudication

Construction industry adjudication is a construction dispute resolution mechanism which is described as a “pay now, argue later” procedure. The construction adjudication process is now very popular within the UK’s construction industry and seeks to maintain cash flow during construction projects due to its swift timetable and temporary binding effect. However, along with its popularity, construction adjudication cases have been on the increase over the years, which can bring about confusion in basic principles and so care and advice must be taken if construction adjudication is contemplated. We have day-to-day experience dealing with construction adjudication claims making us the ideal construction law firm to help you. We advise all types of construction clients on construction adjudication disputes. Contact us today.

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21. Construction Contracts Act Adjudication Of Payment Disputes

Construction Contracts Act Adjudication Of Payment Disputes are key words in construction law which we are often asked to advise clients on, principally in relation to disputes concerning payment disputes in construction contracts. The Housing Grants, Construction and Regeneration Act 1996, also known as The Construction Act, introduced statutory adjudication, which applies to parties to a construction contract. If you require assistance or advice in relation to construction adjudication and a payment dispute that has arisen in a construction contract, get in touch with one of our construction law solicitors now.

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22. Security Of Payments And Construction Adjudication

Security of payments and construction adjudication is the title of a well-known book in the construction industry by Chow Kok Fong, which relates to construction law in Singapore. It was published when the Building And Construction Industry Security Of Payments Act 2004 first came into force. Since then, construction adjudication has come a long way in resolving all types of construction disputes throughout the world and has been a successful, cost effective mechanism for determining disputes in a short period.

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23. Adjudication Under The Construction Act

Adjudication under the construction act relates to a procedure for resolving construction disputes. The procedure was introduced by The Housing Grants Construction and Regeneration Act, also known as the “Construction Act”. Amendments to the Construction Act came into force in 2011 and affects all “construction contracts” in England, Wales and Scotland. The amendments were designed to increase clarity in construction contracts, introduce a reasonable payment regime and improve rights for contractors to suspend their work in non-payment circumstances and to encourage the use of construction adjudication and construction dispute resolution. Contact FWJ today who can provide further information on adjudication under the construction act.

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24. Housing Construction And Regeneration Act 1996 Adjudication

Housing Construction And Regeneration Act 1996 Adjudication relates to a formal process in the construction industry for resolving disputes. The Housing Grants, Construction and Regeneration Act was introduced in 1996. Amendments to the Construction Act came into force in 2011 and affects all “construction contracts” in England, Wales and Scotland. The amendments were designed to increase clarity in construction contracts and to encourage the use of construction adjudication and construction dispute resolution. Contact FWJ today who can provide further information on Housing Construction And Regeneration Act 1996 Adjudication.

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25. What are the Adjudicator fees and expenses?

We are often asked by our clients, ‘what are the adjudicator fees and expenses?’ In a construction adjudicator, the parties will be jointly and severally liable to pay the construction adjudicator a reasonable amount in respect of his/her fees for work reasonably undertaken and expenses reasonably incurred by him.

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26. Can A Party Enforce An Adjudicator’s Decision?

Can a party enforce an adjudicator’s decision is an important question we often get asked. In summary, once a construction adjudicator has made a decision on a dispute, the parties are bound to comply with it. If a party does not comply with the construction adjudicator’s decision, the other party can seek to enforce the decision in the Technology and Construction Court (a branch of the High Court handling construction disputes about buildings, engineering and surveying). Enforcement means a judgment from the Court ordering the non-complying party to comply with the adjudicator’s decision.

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27. Benefits of adjudication in construction

There are many benefits of adjudication in construction which can provide a swift and cost effective solution to construction disputes. Construction adjudication was introduced as a mechanism to maintain cash flow in construction projects and ensures a fast, flexible and streamlined process. It is recommended that a party seeks experienced legal advice before triggering adjudication proceedings. Francis Wilks & Jones are construction law experts who can provide advice and assistance in construction adjudication proceedings.

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28. Problems with adjudication in construction

Construction adjudication is a popular construction dispute resolution which provides for a quick and cost effective decision. However, like any disputes resolution procedure there are a few disadvantages which must be considered before proceedings are triggered. A party considering construction adjudication should seek expert legal advice to establish the best route for resolving their construction dispute. To ensure it is the right process to resolve your construction contract dispute, get in touch with FWJ today.

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29. Adjudication using the scheme for construction contracts 1998

Adjudication using the scheme for construction contracts 1998, is a cost effective and quick way to resolve a construction dispute. The scheme for Construction Contracts (England and Wales) Regulations 1998, “The Scheme”, provides a fall back position when a construction contract does not include all the construction adjudication provisions set out in the Construction Act 1996. The expert construction law team at Francis Wilks & Jones are well versed in The Scheme and can provide expert assistance to resolve your construction dispute.

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30. Adjudication and arbitration in construction contracts

Adjudication and arbitration in construction contracts are dispute resolution procedures in construction law. They are procedures that are drafted into construction contracts, often by an expert construction lawyer, and these common forms of alternative dispute resolution will be used to settle certain types of disagreements that can arise in the construction industry.

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31. What is Adjudication in Construction Contracts?

Adjudication in Construction Contracts is a fast track process for parties to obtain a binding decision in a relatively short period. Construction Adjudication is a popular form of Construction Dispute Resolution with the obvious commercial benefit of it being more cost effective and faster than normal Court proceedings. The use of Adjudication in Construction disputes is designed to protect cashflow during the various construction stages and it was introduced by the Housing Grants, Construction and Regeneration Act 1996 (“the Adjudication Construction Act”). The Adjudication Construction Act gives parties operating under a Construction Contract the right to refer a dispute to Construction Adjudication.

We would advise that you speak with an expert Construction Lawyer for advice in relation to Construction Adjudication.
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32. How to begin the Construction Adjudication process?

The Referring Party must serve on every party to the Construction Contract written notice of its intention to refer to the matter to Construction Adjudication. This Notice of Adjudication is an extremely important document which sets out the scope of the dispute which the Referring Party is seeking to resolve through the Construction Adjudication Process. There are various types of claims which are appropriate for the Construction Adjudication Process but most relate to disputes concerning Interim Payments, an extension of time for completion of works, any delay and disruption to works and finally a dispute over the final account.  

We would advise that you speak with an expert Construction Lawyer for advice in relation to the types of claims which are appropriate for Construction Adjudication.  
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33. What must be included in the Notice of Adjudication?

The Notice of Adjudication must comply with section 28(2) of the Adjudication Construction Act. It is extremely important that the Referring Party comply with the requirements under the Adjudication Construction Act as a failure to do so may render the Construction Adjudication void.

The Notice of Adjudication should include the following:

  • I.    A brief description of the Construction Contract with the correct names and addresses of all parties;
  • II.    The Referring Party must also set out the nature of the dispute between the parties with specific details as to how it arose and what remedy the Referring Party is seeking through the Construction Adjudication Process. It is important to note that if the Notice of Adjudication does not include a matter which the Referring Party later seeks to raise with the Adjudicator then he/she will not have any jurisdiction to determine that particular issue through the Construction Adjudication Process. It is also important that the Adjudication Notice includes a statement setting out the Respondents rights and obligations under the Construction Adjudication Process.

We would advise that you speak with an expert Construction Lawyer for advice in relation to compliance with the Adjudication Construction Act so as to ensure that you do not fall foul of the strict rules governing the Construction Adjudication Process.
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34. What is the next step after serving the Notice of Adjudication?

After the Referring Party, has served the Notice of Adjudication the next step in the Construction Adjudication Process is to appoint a Construction Adjudicator. the Referring Party must secure the appointment of the Construction Adjudicator within 7 days of serving the Notice of Adjudication. The parties can agree the identity of the Construction Adjudicator however, in the absence of an agreement, the Referring Party must make an application to an Adjudicator Nominating Body (“ANB”). The ANB are an important part of the Construction Adjudication Process.

If you would like to speak with an expert Construction Lawyer for advice in relation to how you appoint a Construction Adjudicator, or any other issue relating to the Construction Adjudication Process then please contact us.
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35. How do you make an application to an adjudicator nominating body?

If the parties cannot agree the identity of the Construction Adjudicator, then the Referring Party must complete a form and pay the required fee before sending it to the ANB. On receipt of the same, the ANB must select a Construction Adjudicator and send notice of their decision to the Referring Party within 5 days of the date that they received the request.

However, in normal circumstances a Construction Adjudicator will be named within the Construction Contract or appointed by agreement between the parties within the Construction Adjudication Process.

If you would like to speak with an expert Construction Lawyer for advice in relation to how you appoint a Construction Adjudicator, then please contact us.
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36. Can a party object to the Construction Adjudicator?

Any objection made by a party in relation to the appointment of a person as the Construction Adjudicator will not impact on the Construction Adjudicator’s appointment or any later decision reached.

The Construction Adjudicator’s authority is granted by the Construction Contract made between the parties. In any event, the Construction Adjudication Act sets out the minimum duties and powers of a Construction Adjudicator. The Construction Contract made between the parties may contain its own rules for Construction Adjudication, or may incorporate a set of Construction Adjudication rules published by an industry body.

If you would like to speak with an expert Construction Lawyer for advice in relation to how you appoint a Construction Adjudicator, then please contact us.
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37. What is a Referral Notice?

A Referral Notice must be served within 7 days of the date of service of the Notice of Adjudication. This is an important document within the Construction Adjudication Process as it sets out both the legal and factual basis of the dispute which is being referred to Construction Adjudication.

The parties should be aware that the Construction Adjudicator’s jurisdiction will be limited to the legal and factual matters identified in the Notice of Adjudication. Any errors in the Notice of Adjudication cannot be rectified in the Referral Notice. Effectively the parties would have to begin the Construction Adjudication Process from the start. The Referral Notice must include the documentation in support of the Referring Party’s case. This may include any expert reports or witness evidence which the Referring Party seeks to rely upon within the Construction Adjudication.

If you would like to speak with an expert Construction Lawyer for advice in relation to how you complete a Referral Notice, then please contact us.
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38. What do I do if I receive a Notice of Adjudication?

On receipt on a Notice of Adjudication the Responding Party should consider whether there is a Construction Contract in place which allows the matter to be referred to Construction Adjudication. For the matter to be referred to Construction Adjudication the dispute must have “Crystallised”.

The Responding party should consider whether the Referring Party has prior to commencing Construction Adjudication set out the claim it wishes to advance (in writing). The Referring Party should have set out the basis of the dispute and confirmed what is being sought through the Construction Adjudication Process. This is essential as the court will refuse to enforce a Construction Adjudicator’s decision where no dispute had in fact crystallised prior to the Construction Adjudication Process starting.

If you have received a Notice of Adjudication you must act quickly. If you would like to speak with an expert Construction Lawyer for advice on the steps to be undertaken during the Construction Adjudication Process, then please contact us.
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39. What should the Responding Party do on receipt of the Referral Notice?

Within the Construction Adjudication Process the Responding Party should produce a Response to the Referral Notice. This is an important document within the Construction Adjudication Process as it sets out the Responding Party’s case in detail. The Response should deal with each issue raised by the Referring Party within the Referral Notice.

The Responding Party should refer to any documents relied upon by the Referring Party within the Construction Adjudication. if important documents have been omitted from the Referral Notice then only then should these be annexed to the Response. The Response must be served within 7 days of receipt of the Referral Notice although this can be extended to 14 days on agreement between the parties.

It is important that the Responding Party sets out its case in detail and within the time limits allowed under the Construction Adjudication Process. If you would like to speak with an expert Construction Lawyer for advice on how to respond to a Referral Notice, then please contact us.
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40. Does the Referring Party have a right to Reply?

Within the Construction Adjudication Process there is no automatic right to Reply to the Referral Notice. The Referring Party may in some circumstances reply to the Response if they can persuade the Construction Adjudicator that its appropriate.

However, the Construction Adjudicator will often limit any response to specific issues. The reason for this is that the entire Construction Adjudication Process must be completed within 28 days. As such, the Construction Adjudicator must make a decision within 28 days of receipt of the Referral Notice. The evident time constraints within the Construction Adjudication Process allows the parties to utilise this form of Construction Dispute Resolution without the need for parties to engage in a lengthy and often extremely costly court case.

If you would like to speak with an expert Construction Lawyer for advice in relation any aspect of the Construction Adjudication Process then please contact us.
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41. When does the Construction Adjudicator make their decision?

The Construction Adjudicator must plan within 28 days of service of the Referral Notice however, this can be extended by 14 days if the Referring Party agrees or it can be further extended if both parties can reach an agreement.

One obvious commercial benefit of Construction Adjudication is that it offers parties a fast track alternative form of Construction Dispute Resolution. As such, it is imperative that the parties obtain a binding decision in a relatively short period of time.

If you would like to speak with an expert Construction Lawyer for advice in relation any aspect of the Construction Adjudication Process, then please contact us.
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42. Is a Construction Adjudicator’s Decision binding?

A Construction Adjudication decision is binding unless it is revised by Arbitration or Litigation. It is important to note that all parties must comply with the decision reached by the Construction Adjudicator and they cannot seek to dispute the same issues in further Construction Adjudication proceedings.

The fundamental objective of the Construction Adjudication Process is to ensure that it provides an alternative form of Construction Dispute Resolution so that parties do not have to enter into a more formal dispute resolution procedure.

If you would like to speak with an expert Construction Lawyer for advice in relation any aspect of the Construction Adjudication Process, then please contact us.
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43. How long does Construction Adjudication take?

A Construction Adjudicator must reach a decision within 28 days of receipt of the Referral Notice unless the Referring Party agrees to extend the time or both parties agree an extension. The short 28-day deadline is seen as a major benefit of the Construction Adjudication Process.

As stated above, within 7 days of serving the Notice of Adjudication the Referring Party must serve the Referral Notice and any relevant documents in relation to the dispute. The documents must be served on the Construction Adjudicator and on the Responding Party. In normal circumstances the Responding Party will be expected to serve a Response to the Referral Notice within 7 days (although this can be extended to 14 days which is usually agreed between the parties). The evident time constraints within the Construction Adjudication Process allows the parties to utilise this form of Construction Dispute Resolution without the need for parties to engage in a lengthy and often extremely costly court case.

If you would like to speak with an expert Construction Lawyer for advice in relation any aspect of the Construction Adjudication Process, then please contact us.
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44. How effective is adjudication in construction contracts?

Adjudication in Construction Disputes is a popular form of a Construction Dispute Resolution as it is an effective way of resolving disputes in a timely and cost effective manner. In most cases the parties accept the decision of the Construction Adjudicator which is binding in any event.

Due to the compulsory nature of Construction Adjudication it has become an important form of Construction Dispute Resolution and If a party does not comply with the Construction Adjudicator’s decision, a Court hearing can usually be obtained in a matter of days. Construction Adjudication is designed to be a simple process however, it is important that the parties comply with the correct procedure and carefully prepare their written case as this is critical to obtaining a successful result within the Construction Adjudication Process.

If you would like to speak with an expert Construction Lawyer for advice in relation any aspect of the Construction Adjudication Process, then please contact us.
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45. What are the adjudicators fees and expenses?

The parties will be jointly and severally liable for the Construction Adjudicator’s fees. However, in circumstances where one Party does not pay then the other Party may be pursued for the whole amount. The parties are required to pay a reasonable amount for the work undertaken by the Construction Adjudicator and he himself can decide what is reasonable. If both parties (or one of the parties) dispute the sums charged by the Construction Adjudicator, then the matter may be referred to the Court for determination.

The parties may request that the Construction Adjudicator provide a breakdown of how he/she spent their time during the Construction Adjudication Process, with an explanation of what was done and when.

If you would like to speak with an expert Construction Lawyer for advice in relation to a Construction Adjudicator’s fees and expenses, then please contact us.
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46. Can a party recover their costs of Construction Adjudication?

The default position is that a party cannot recover their costs of preparing and pursuing a Construction Adjudication. If both parties agree the Construction Adjudicator is able to decide that one party should bear the other party’s costs based on success.

However, in a recent case it was held that a party could recover their costs as a debt recovery under the Late Payment of Commercial Debts (Interest) Act 1998 however, it is anticipated that the Court will give clarification in relation to this point in due course.

If you would like to speak with an expert Construction Lawyer to obtain an estimate of the costs which will be incurred during the Construction Adjudication Process, then please contact us.
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47. Can a party recover interest on the debt awarded by the Construction Adjudicator?

It is important that the Responding Party initially consider whether there is a Construction Contract in place which allows the matter to be referred to Construction Adjudication. For a Construction Adjudicator to award interest on the sums owed to the successful party there must be a right to claim it under the Construction Contract. Parties do not have an automatic right to recover interest although there will often be an express provision within the Construction Contract to allow such a recovery. The parties can also agree to include a claim for interest within the Construction Adjudication Process.

If a Construction Adjudicator is prepared to award interest he/she has the discretion to decide the rate, period and whether to award simple or compound interest.

The decision to award interest is an important aspect of the Construction Adjudication Process. If you would like to obtain advice from an expert Construction Lawyer in relation to this, then please contact us.
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48. Can a party enforce a Construction Adjudicator’s decision?

Adjudication in Construction Contracts is a fast track process for parties to obtain a binding decision in a relatively short period. Construction Adjudication is a popular form of Construction Dispute Resolution. A successful party in a Construction Adjudication can apply to the Technology and Construction Court to enforce the decision made by the Construction Adjudicator. However, In most cases the parties accept the decision of the Construction Adjudicator which is binding in any event.

Due to the compulsory nature of Construction Adjudication it has become an important form of Construction Dispute Resolution and If a party does not comply with the Construction Adjudicator’s decision, a Court hearing can usually be obtained in a matter of days.

If you would like to speak with an expert Construction Lawyer to obtain an estimate of the costs which will be incurred when a party seeks to enforce a Construction Adjudication decision, then please contact us.
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49. What is the procedure for seeking to enforce a decision made through the Construction Adjudication Process?

The relevant procedure depends on the nature of the Construction Adjudicator’s decision. If the decision relates to a monetary payment, then the successful party should issue a claim under Part 7 of the Civil Procedure Rules and at the same time issue an application for Summary Judgment under Civil Procedure Rule 24.

If the decision relates to a matter which does not involve a monetary payment, then the successful party should issue a claim under Part 8 of the Civil Procedure Rules seeking a declaration from the Court that the unsuccessful party has failed to comply with the decision reached by the Construction Adjudicator. Whilst in most cases the parties will accept the decision of the Construction Adjudicator, enforcement can be a very important part of the Construction Adjudication Process.

If you would like to speak with an expert Construction Lawyer for advice in relation any aspect of the Construction Adjudication Process, then please contact us.
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50. What documents must be filed at Court to enforce the Construction Adjudicator’s decision?

A Construction Adjudication decision cannot be enforced in the same way as a judgment obtained through Court proceedings. However, there is a special procedure allowing parties to enforce a Construction Adjudication decision under Part 7 or 8 of the CPR.

It is extremely important that the Claimant includes all the relevant documentation when seeking to enforce a Construction Adjudication decision. In most circumstances if the correct documentation is filed the court will enforce a Construction Adjudication decision without assessing whether or not the decision is correct.
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51. What if the Defendant ignores the Claim Form and Application Notice?

If the Defendant ignores the documents filed at Court by the party seeking to enforce a Construction Adjudication decision, then that party should apply for Judgment in Default of acknowledgement of service. In most cases the parties accept the decision of the Construction Adjudicator which is binding in any event.

Whilst the fundamental objective of the Construction Adjudication Process is to ensure that it provides an alternative form of Construction Dispute Resolution in circumstances where a party is required to enforce the Construction Adjudicator’s decision we can assist in filing the relevant documentation at the Technology and Construction Court.

If you would like to speak with an expert Construction Lawyer for advice in relation to enforcing a Construction Adjudication Decision, then then please contact us.
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