Construction Adjudications

Resolving your construction problems through adjudication

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If you have entered into a “construction contract”, you have the chance to get a decision on your case much more quickly than you would normally get.

This is because parties to a qualifying construction contract have the legal right to adjudicate.

The parties can agree their own procedure for any adjudication, but adjudication under the Scheme for Construction Contracts (which applies unless they agree a different procedure) is a 28 day process.

It starts with the receipt of a Referral Notice and ends with the decision of an adjudicator.

In practice, adjudications can be and often are extended by agreement. However, even with extensions it is unusual for an adjudication to take more than 56 days for a decision to be reached by the adjudicator.

An adjudication decision is binding in the first instance. A losing party must “pay now, argue later” if they wish to essentially have the decision revised by the courts or through arbitration. This can be particularly helpful for a contractor who is owed money, as the contractor may not have the cash flow to fund 18 months of expensive litigation to get the case to trial.

Our partner, Liam Owen, has extensive experience of adjudications worth sums up to multiple million pounds and has, on separate occasions, acted for employers and main contractors, so is well-versed in the arguments deployed by both sides of such disputes.

Liam also has experience of enforcing adjudication decisions in the Technology and Construction Court, including in the case of RGB P&C Ltd v Victory House General Partner Ltd [2019] EWHC 1188 (TCC) (10 May 2019) He, and our constructions disputes team generally, would be happy to discuss such problems initially on a “no obligation” basis, and would welcome an email at lowen@keelys.co.uk or a call on 07794 431013.

Construction adjudications team

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