Adjudication is the principal form of dispute resolution in the construction industry, and since 1998 adjudication construction has been a statutory right under the Housing Grants, Construction and Regeneration Act 1996. Adjudication in construction disputes has been amended by the Local Democracy, Economic Development and Construction Act 2009. These two, known as the Construction Acts, are twinned with the Scheme for Construction Contracts Regulations 1998, as amended by the 2009 Act.
Rather than go to court and face litigation, construction has its own alternative dispute resolution procedure, adjudication, which is governed by the Construction Acts. For all qualifying Construction Contracts, there is a statutory right to refer disputes to adjudication in the construction industry, even when the Contract between the parties does not specifically allow it.
The Scheme for Construction Contracts sets out the basic timetable and procedure to be followed in construction adjudications. This typically allows a 28 day process for the Adjudicator to decide the construction dispute, from the Referral of the dispute to the Adjudicator, to the publication of the Adjudicator’s formal written Decision.
Construction adjudications have developed their own branch of case law, which the courts have provided in considering the enforcement of adjudication Decisions in construction disputes.
Contract Dispute Resolution Limited have been involved in several reported adjudication cases and can provide high quality specialist legal advice to guide and assist clients through the construction adjudication process.
Simon Lee of CDR is a qualified and accredited Construction Adjudicator, and is available to adjudicate on disputes by agreement of the parties. CDR can conduct and manage the process, drafting and submitting the documents, and providing the advocacy at the meetings and hearings.
Simon is one of the UK’s leading Construction Adjudicators with over two decades of experience in this field.