Construction Adjudication is a unique form of dispute resolution that recognises the distinct nature of the construction industry and the types of disagreement that can arise within it.  In its statutory form adjudication was introduced by section 108 of the Housing Grants, Construction and Regeneration Act 1996

It is available under all qualifying construction contracts and provides for the contracting parties’ dispute to be decided by an independent and impartial adjudicator.

Adjudication is a quicker and less formal route of dispute resolution than resorting to relatively slow and expensive court proceedings. The adjudication timetable from commencement up to receiving the Adjudicator’s decision can take as little as 4 weeks, allowing construction work to continue and supporting cash flow.

Adjudication decisions are binding on the parties and must be complied with unless and until the underlying dispute is finally determined by Arbitration or Litigation.

When to use Construction Adjudication:

The Adjudication process is widely used for resolving many different types of construction disputes including:

• Payment issues (interim and final account)
• Entitlement to additional payment for variations
• Extension of time and associated loss & expense claims
• Liability for defects
• Contract termination
• Construction professional negligence

How can Hawkswell Kilvington Help with Construction Adjudication:

By far and away the most common form of dispute resolution in relation to which we are instructed is Adjudication. Hawkswell Kilvington has successfully handled many hundreds of construction and engineering adjudications on behalf of both claimants and respondents, ranging in scope from, straightforward recovery of outstanding payments, to the presentation and defence of extremely complex claims. In terms of value, claims have ranged from thousands to several million pounds.

Our experienced solicitors advise on the tactics and strategy to be adopted in this fast-moving process, and project manage, the entire exercise with the client and other relevant professionals. If you are faced with an Adjudication, you will find us very effective at identifying the key issues quickly and then preparing your response (using our specialist knowledge and expertise) within the prescribed timescales.

We also have extensive experience in enforcing adjudication decisions in the Technology and Construction Court.

Get in touch

If you would like to discuss construction adjudication in more detail please contact Daniel Silberstein, or alternatively complete the form below and a member of the team will get back to you as soon as possible.