Adjudication, Advocacy & Dispute Resolution For The Construction Industry
The objective of adjudication is to reach fair, rapid and cost effective decisions on disputes arising
under construction contracts. (RICS)
There are now three variants of the process. The original, Construction Adjudication, came into law
in 1996 and resolves around 2,000 disputes every year.
More recently, Low Value Dispute Adjudication has been introduced for more simple disputes of less
than £50,000 in value.
This in turn has been followed by Summary Adjudication, introduced as a result of the pandemic
causing payment issues within contracts. This features a cap on fees, a ceiling value of £20,000 and a
fourteen day timetable.
Adjudication
…For most construction disputes, it is the only game in town.
Advocacy
…Adjudication under the 1996 act is necessarily crude in its resolution of disputes.
Dispute Resolution
…Inadequate Contract Administration.” The leading cause of disputes.
Adjudication
"...For most construction disputes, it is the only game in town."
Coulson L.J John Doyle construction (in liquidation) v Erith Contractors Ltd. (2021)
…For most construction disputes, it is the only game in town.
The 1994, “Latham Report”, recommended a system of adjudication which led to the 1996, “Construction Act”, and the 1998, “Scheme”.
Construction adjudication is now in its third decade in the U.K. and has evolved from being a quick and simple means of dispute resolution to a rapid and sophisticated process with a vast body of case law to refer to whilst maintaining its core objective of a decision in 28 days.
At AWA we specialise in the adjudication process. With a background in contracting and project management allied to RICS qualification in adjudication, Associateship of the CIArb and membership of The Adjudication Society we are fully focussed on this blossoming form of dispute resolution.
Advocacy
"...Adjudication under the 1996 act is necessarily crude in its resolution of disputes."
Lloyd QC. Balfour Beatty Construction Ltd v The Mayor and Burgesses of the London Borough of Lambeth, [2002]
…Adjudication under the 1996 act is necessarily crude in its resolution of disputes.
Lloyd QC. Balfour Beatty Construction Ltd v The Mayor and Burgesses of the London Borough of Lambeth, [2002]
This year it is predicted that over 4000 parties will be involved in an adjudication. It will either be a contractual procedure or under the scheme for construction contracts. The process is fast-tracked and can be a bumpy ride.
If you are one of those individuals or companies, it is vital that you put forward your argument so that the adjudicator can clearly understand it and can relate it to the provisions of the Scheme or Act. This is no longer a job for a lay person.
Once a dispute emerges speed is vital. It is essential to get the core of the issues and develop a strategy to manage the process, assess your situation and present your case.
We have the specialist skills and resource to help you.
Dispute Resolution
"...Inadequate Contract Administration.” The leading cause of disputes."
King’s College London, 2022 Construction Adjudication in the United Kingdom. “Tracing trends and guiding reform”.
Inadequate Contract Administration.” The leading cause of disputes.
This rather stunning statistic emerged from the first in depth survey of construction adjudication released in November 2022.
What it means in practice is that the protagonists in a dispute are not always the root cause of it.
There are times when a first hand experience in helping putative combatants bury the hatchet when their issues were not truly with each other.
The Seven Golden Rules For An Adjudicator
Coulson LJ, 2010.
- Be Bold
- Address Jurisdiction Issues Early And Clearly
- Identify And Answer The Critical Issues
- Be Fair
- Provide A Clear Result
- Do It On Time
- Do Not Make Silly Mistakes
Accreditations and Memberships
RICS Accreditations
RICS develops and enforces leading international standards to protect consumers and businesses, ensuring the highest level of professionalism. The regulatory functions of RICS relating to Standards and Professional Development are led and overseen by the Standards and Regulation Board (SRB).
Chartered Insitute of Arbitrators
The Chartered Institute of Arbitrators is a professional organisation representing the interests of alternative dispute resolution practitioners. Founded on 1 March 1915, it was granted a royal charter by Queen Elizabeth II in 1979
Start Your Resolution And Contact Us Today
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Alan Walker Associates Ltd – Dispute Resolution & Adjudication – Adjudication, Advocacy & Dispute Resolution For The Construction Industry. Registered office address Frederick House/134 Kenilworth Road, Coventry, Warwickshire, United Kingdom, CV4 7AH
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