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Adjudication Related News

Adjudication is a contractual or statutory procedure for swift interim dispute resolution. It is provided by a third party adjudicator selected by the parties in dispute.

Adjudication decisions are binding unless and until they are revised by litigation or arbitration. If parties to a construction contract do not agree to an adjudication procedure, then one is imposed by statute.

This process can be popular as it offers a lot of advantages. It includes confidentiality, speed and cost proportionality. For many clients, the most important benefit is that it offers less disruption than other, lengthier procedures.

However, it has some drawbacks. It’s not legally conclusive, which means if the decision is not upheld by all parties, a final determination will be required from the courts or formal arbitration.

headshot of Jonathan Nugent

Almost 25 years of adjudication and many contractors still unaware of...

Jonathan Nugent, Managing Director at Arbicon, explains after almost 25 years how many contractors are still unaware of adjudication and the right to adjudicate in construction contracts, losing out on an effective way to obtain payment. A big surprise, but not a shock to Arbicon!
two builder discussing construction plans in new building

Withholding payment for construction defects

When the final account and final payment must be considered when a construction project reaches completion, it is common for the paying party to withhold payment against what they consider to be defective works.
Worker signing construction records on site

Why are construction records so important?

Powerful construction records giving evidence of both liability and quantum makes it easier when resolving disputes. Here, Jonathan Nugent, managing director at Arbicon, discusses the importance of keeping records throughout construction works.
NEC contract

The importance of following an NEC contract from the start

John Elven, senior consultant at Arbicon, discusses the importance of acting in accordance with the requirements of an NEC contract as a means of promoting dispute avoidance.
construction dispute resolution

Construction dispute resolution: How to keep adjudication costs down

Neil Boothroyd, adjudicator, arbitrator, mediator at Gateley Vinden, offers a range of insights focused on construction disputes resolution.
adjudication in construction contracts

What to expect for adjudication in construction contracts

Arbicon – Construction Claims Consultancy specialising in Adjudication and ADR - have put together this complete guide for adjudication in construction contracts, explaining what it is, who can use it, and what to expect.
loss and expense claims

How to submit a successful loss and expense claim

The term loss and expense in construction is often used to describe any additional costs that a Contractor incurs following breaches of contract by the Employer such as delay and disruption.
smash and grab adjudication

How to avoid a Smash and Grab adjudication with Payapps

In the latest webinar hosted by Payapps, a panel of construction industry professionals explored the role of ‘Smash and Grab’ adjudication, why it should be avoided, and the future of payment regulation for the sector.
Adjudication in Construction

A guide to adjudication in construction contracts – What to expect

This ebook from chartered quantity surveyors and construction claims consultants Arbicon provides a detailed guide on what to expect from adjudication in construction contracts.
construction delay analysis

Construction delay analysis – What you need to know

Arbicon, Chartered Quantity Surveyors and Construction Claims Consultants, detail what you need to know about construction delay analysis.
Dispute resolution

Dispute resolution for construction professionals

Even with the careful drafting of contracts and the best will in the world, costly disputes can still arise on construction projects large or small.
construction adjudication

Top 5 tips for defending construction adjudication proceedings

Neil Armstrong, partner and head of the construction team at Myerson Solicitors, offers his top tips for defending construction adjudication proceedings.
Gateley acquires Smithers Purslow

Gateley acquires Smithers Purslow for £20m

Gateley acquires Smithers Purslow, a multi-disciplinary chartered surveying practice, for £20m to expand its Property Platform business.
guide to mediation

The complete user’s guide to mediation from Gateley Vinden

Chief executive Peter Vinden brings his decades of experience as a mediator to set out the case for pursuing mediation and provides an overview of the process in this complete user’s guide to mediation.
fixed price contracts

Construction cost inflation: Can fixed price contracts be renegotiated?

Construction cost inflation brings about two problems; trading losses and costly delays. But how does this affect fixed price contracts and can the terms be renegotiated in the event of price increases?
pay less

How do I challenge a Pay Less Notice?

Jonathan Nugent, managing director at Arbicon, provides steps to take in challenging a Pay Less Notice and recovering payments due.
construction subcontractors

Non-payment protection: Top tips for construction subcontractors

What steps can construction subcontractors take to protect themselves against non-payment? Find advice from Arbicon here.
Arbicon

Arbicon – Construction Claims Consultancy specialising in Adjudication and ADR

Arbicon are Chartered Quantity Surveyors and Construction Claims Consultants specialising in Construction Adjudication and Alternative Dispute Resolution.
RICS events

Develop your knowledge and skills through RICS events

Widen and develop your knowledge/skills on minerals & waste management, valuations and isurv or become an expert witness or adjudicator with RICS events.
Guide to Mediation

A User’s Guide to Mediation

The User's Guide to Mediation from Gateley Vinden offers a comprehensive look at how those going through the process can prepare as best they can - and hopefully realise some success.
construction case update

Construction Case update – Autumn 2021

Welcome to the Autumn 2021 Construction Case Update from Gateley Vinden. Chief executive Peter Vinden examines collateral warranties and Hayley Sullivan, construction partner at Gateley Legal, discusses the Civil Justice Council's report on compulsive alternative dispute resolution.
alternative dispute resolution

Compulsory alternative dispute resolution: A brave new world

Peter Vinden, chief executive of Gateley Vinden, discusses the Civil Justice Council’s report on compulsory alternative dispute resolution (ADR).
collateral warranty construction

When is a Collateral Warranty not a construction contract?

Peter Vinden, chief executive of Gateley Vinden, looks at when a Collateral Warranty is not considered a construction contract.
adjudication, dispute, dispute resolution,

Gateley Vinden: Summer 2021 Construction Case Update

The Summer 2021 Construction Case Update from Gateley Vinden offers valuable insights on the key issues in adjudication, mediation and dispute resolution affecting the industry.
Adjudication, construction,

Two decades on, many contractors still unaware of adjudication rights?

Jonathan Nugent, managing director at Arbicon, explains how many contractors are still unaware of the right to adjudication in construction contracts and are losing out on significant payments due.
foreign jurisdiction clause, adjudicator's

Can a UK party adjudicate if the construction contract is subject...

Can a party adjudicate and enforce an adjudicator’s decision in the courts of England and Wales if the contract is subject to a foreign jurisdiction clause?

Adjudication

Adjudication is a contractual or statutory procedure for swift interim dispute resolution. It is provided by a third party adjudicator selected by the parties in dispute.

Adjudication decisions are binding unless and until they are revised by litigation or arbitration. If parties to a construction contract do not agree to an adjudication procedure, then one is imposed by statute.

This process can be popular as it offers a lot of advantages. It includes confidentiality, speed and cost proportionality. For many clients, the most important benefit is that it offers less disruption than other, lengthier procedures.

However, it has some drawbacks. It’s not legally conclusive, which means if the decision is not upheld by all parties, a final determination will be required from the courts or formal arbitration.