Construction Adjudication
Adjudication is a relatively informal and cost effective method of resolving disputes. The decision of the adjudicator is binding unless the same dispute is subsequently litigated or arbitrated. Decisions are quick and are normally reached within 28 days of the referral of the dispute to the adjudicator.
Whether you are the claiming party or the responding party the process requires a highly structured approach to the preparation of the documents together with extensive experience of dealing with the process itself and the body of case law generated by it.
For the claiming party the 28 day timescale provides for a rapid resolution, this helps to protect cashflow whilst minimising the disruption to your business.
For the responding party it is vital that the issues raised by the referral are mastered and understood very quickly and that a comprehensive response is prepared which makes all the relevant arguments on both any jurisdictional issues and on the merits. It is highly likely that a very limited period will be available, often 7 days, and having a lawyer who has both the technical and legal experience is of great importance.
I have extensive experience of providing representation in adjudication, both acting for claiming parties and responding parties. My experience of being appointed as the Adjudicator deciding disputes assists me to present the matter in the most effective and attractive way.
I am often instructed to raise, or respond to, challenges to the jurisdiction of the Adjudicator. This requires a thorough, full and up-to-date knowledge of the developing case law in this area.
The adjudication process can be a great short term drain in resources and I am able to assist in these circumstances by adding technical and legal expertise to the process.
In appropriate circumstances I will agree a fixed fee for undertaking defined steps in an adjudication providing you with greater cost certainty.
Previous Work
- Acting in a series of 7 related and sequential adjudications between the same parties with a disputed amount of £5,500,000.
- Successfully raising jurisdiction challenges on behalf of an employer by arguing that the adjudicator had been improperly appointed, had no jurisdiction to decide the issue and that, in any event, there was no crystallised dispute and, therefore, no entitlement to adjudicate the dispute.
- Providing regular and on-going operational advice to a major multinational contractor in relation to an high profile multimillion pound refurbishment. Assisting the client in formulating a strategy protecting the client in the event of the Employer continuing with their unlawful approach to certification, deduction of liquidated damages and the instruction of alleged defects.