Construction Adjudications

“Pay now, argue later” is the principle.

If you are a party to a qualifying construction contract, then you have a right to adjudicate – a 28 day process from the receipt of a Referral Notice under the Scheme for Construction Contracts – rather than having to litigate in the first instance to recover sums you consider you are owed.

It is likely that a lot of contractors would agree that this is right, as otherwise they may have to go 18 months or more unpaid while a case finds its way to trial. That can have serious cash flow implications.

An adjudication result is “binding, but not final”. It can later be revised through the courts or through arbitration but, except in specific conditions (such as a breach of natural justice) the losing party has to pay the adjudication decision before it is permitted to take the matter to the courts.

Keelys’ Liam Owen has extensive (and successful) experience of adjudications including disputes over several million pounds. He also has significant experience in enforcing adjudication decisions via the Technology and Construction Court, including acting in the case of RGB P&C Limited v Victory House General Partner Limited [2019] EWHC 1188 (TCC), where the successful adjudication result was successfully enforced for Liam’s then-client.

Please do feel free to contact him on 01543 420043 or at lowen@keelys.co.uk with any questions or enquiries about adjudications or construction-related disputes generally.