Construction and engineering Adjudication

Our Expertise

Adjudication Barrister

Expert Legal Problem Solvers

Extensive Professional Industry Experience

Strategic & Tactical Legal Advisory Services

Construction Adjudication UK

Over 10 years of experience.

Our adjudication barristers have decades of experience dealing with construction and engineering contract disputes through the adjudicative process. As specialists in conducting construction adjudication and engineering contract disputes, we can represent you by firstly evaluating your dispute in a consultation, providing an opinion on the construction dispute.

Adjudication Process

Our Adjudication Process

Is there a Dispute?

There must be a dispute between the parties to the construction contract/agreement, where one party is seeking a remedy.

The Crystallisation of the Claim

The potential Claimant should have notified the potential Respondent of their intention to begin the adjudication process and the basis of doing so, allowing the Respondent to remedy the matter.

Our barristers are experienced in advising clients on this crucial point and how the court may refuse to enforce an adjudicator’s decision was not based on a crystallised claim.

The Notice of Adjudication

The Notice of Adjudication is the first formal step in adjudication, particularising the dispute and notifying the Respondent that the dispute is to be referred to adjudication. The Notice of Adjudication should be prepared by the Claimant and served on the Respondent.

Appointing an Adjudicator

Once the Notice of Adjudication is served, the next step is to appoint an adjudicator. If an adjudicator is not identified in the construction contract, our barristers can advise clients on the procedure to mutually nominate and appoint a construction adjudicator.

The appointment of an adjudicator must usually be made within seven days of the service of the notice of adjudication. If this is not done, the Claimant must restart the adjudication process.

The Referral Notice

Given the time constraints of the adjudication procedure, the Referral Notice is the Claimant’s opportunity to make as detailed submissions as possible to support the Claimant’s claim to the adjudicator.

Our barristers have considerable experience in this form of written advocacy. We are available to advise on the drafting and service of a Referral Notice, provision of expert reports, and drafting of witness statements, all of which should be done within seven days of serving the notice of adjudication.

The Response

This is the Respondent’s defence to the Referring Party’s claim. Although the 1996 Act does not explicitly require a Response from the Respondent, the need for this can be agreed upon and set by the adjudicator.

Our barristers have experience in advising Respondents on a Response and the drafting of accompanying witness evidence.

The Adjudicator’s Decision

The adjudicator must reach their decision within 28 days of service of the referral notice. This period can be extended by an additional 14 days if the Referring Party agrees or can be further extended if both parties agree.

The adjudicator’s decision is temporarily binding until the underlying dispute is finally determined by court proceedings, arbitration or by agreement of the parties via negotiation or mediation.

Our barristers are experienced in advising clients on how to enforce decisions, usually by way of summary judgement.

Why Choose Us

Our Direct Access Barristers

Multifaceted & Interdisciplinary

Our barristers in London are cross qualified so you don’t have to go from one solicitor’s office on the High Street to barristers’ chambers at the Inns of Court.

Excellent Value

A barrister usually has lower overheads, so this will usually be more economical than retaining the solicitor alone and will cost less than instructing both.

Maximum Efficiency

You get the earliest possible direct access to the specialist – not just when a problem gets to Court. This could save you the headache, heartache and expense of avoidable litigation.

Full Transparency

You will normally know in advance the basis upon which the work will be charged, as well as your advisors view on likely prospects of success.

How we're different

Value Adding Approach

Our Approach

Our approach to legal practice is always to articulate creative and value-adding solutions for clients whilst delivering timely, efficient, and affordable professional services. All clients conduct their affairs within a legal context, and Mercantile Barristers’ role is to advise on the conduct of their transactions and affairs in ways that avoid conflict and disputes.

Mercantile Barristers - Process of Lquidation

Swift & Decisive

Whether by adjudication, arbitration, or litigation, Mercantile Barristers members will adopt a firm, swift and decisive approach to achieve the best possible results for clients within the shortest time. We recognise that no two cases are the same, so we will adapt our style to suit the occasion.

Adjudication

Case Studies

Adjudication Case Studies

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Adjudication

Frequently Asked Questions

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Can there be any issues with the adjudication process?

The obstacles in raising a successful challenge to the Adjudicator’s Decision are significant. This can shock the unprepared party who may have been ambushed by their opponent and must immediately pay a significant amount; we strategise clients’ cases to avoid sky-rocketing Adjudication costs.

Although Adjudication brings practical benefits to dispute resolution in the construction industry, the short 28-day timetable implies that the parties involved in the dispute must be highly organised and skilled to succeed.

The Referring Party (i.e. the Claimant) who might initially be in control of the timetable when issuing the Referral Notice will have to be ready to quickly deal with a substantial Defence.

On the other hand, the Responding Party (i.e. the Defendant) is regularly exposed to dealing with and preparing a Defence to a substantial Claim, which has taken much longer to prepare, within a few days.

Can you litigate after adjudication?

The adjudicator's decision is final and binding until the case has finally been determined by arbitration or litigation.

How long does it take for an adjudicator to make a decision?

Once all information and documentation have been supplied to an adjudicator, they must render a determination within 30 days. The outcome is binding until a decision is made in the subsequent proceeding. Either party involved can trigger a proceeding in court to begin arbitration.

Is an adjudication decision final?

Yes, the decision is binding and final; however, this can over be overturned by subsequent litigation or arbitration. If this happens and one of the parties intends to go to court or arbitration, the decision will stand until a new ruling has been made.

What is Adjudication?

It is a legal process that can be handled by either a judge or an arbiter. The evidence, legal reasoning and arguments are presented by both parties, and a decision is made that will determine the obligations and rights of all parties involved.

Adjudication is a statutory dispute resolution procedure recognised in the construction industry and introduced by the Housing Grants, Construction and Regeneration Act 1996 (as amended) (“the 1996 Act.”). The purpose of the 1996 Act was to provide an efficient and quick cash-flow-friendly solution during a construction project.

Selected team members at Mercantile Barristers are also trained adjudicators by the Chartered Institute of Arbitrators.

What is involved in the construction adjudication procedure?

The fast-track adjudication procedure comes to a decision pro-tem, usually within 28 days, which invariably must be obeyed unless extended with the adjudicator's consent or successfully challenged in arbitration or litigation.

What is the difference between arbitration and adjudication?

Arbitration is a mechanism that can be utilised to settle disputes by independent third parties. All parties involved must be willing to empower the third party to make a decision binding for all involved.

Adjudication is when a dispute is referred to the court of inquiry as a final step to settling a dispute out-of-court. This can be made by one party both do not need to agree; hence it becomes an adjudication.

What is the Housing Grants, Construction and Regeneration Act 1996?

The law governing the resolution of construction disputes in England and Wales changed in May 1998 when the Housing Grants, Construction and Regeneration Act 1996 came into force.

The 1996 Act introduced the mandatory resolution of construction disputes through Adjudication. In layman’s terms, this gives parties the right to refer a dispute to Adjudication at any time

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