Adjudication

Adjudication

Chambers has a reputation for excellence in adjudication. Chambers accepts instructions from a wide range of clients on a direct access basis, including construction and engineering organisations, contractors, subcontractors, employers, architects, structural engineers, civil engineers, quantity surveyors, claims consultants, corporate clients and international organisations as well as instructing solicitors

The Head of the Construction Team, Charles Edwards, is a dual qualified, first class barrister with a Master’s Degree from The Centre of Construction Law at King’s College London and a Master’s Degree from the University of Cambridge, Departments of Engineering and Architecture. Chambers is frequently instructed to advise in complex adjudication matters and provides legal advice from inception of a dispute in adjudication up to and including the enforcement of an adjudicator’s decision in the Technology and Construction Court, if necessary.

Construction Industry Recognition (Testimonials)

Construction Adjudication was introduced by Part II of the Housing Grants Construction and Regeneration Act 1996. This has since been amended by Local Democracy, Economic and Development Act 2009. Construction Adjudication can be a contractual or statutory procedure and is considered to be informal, quick and less costly alternative to litigation. Construction Adjudication involves the parties adhering to a strict timetable which concludes with an Adjudicator’s decision which is binding on the parties unless the decision is challenged and overturned in court or arbitration, whereby the matter is finally determined. All parties

have a statutory right to refer a construction dispute to adjudication. These include disputes over the following:

  • Payment disputes
  • Interim valuation and payment
  • Final account and payment
  • Unlawful deduction of monies
  • Variations
  • Compensation events
  • Defective work
  • Extension of time and delay issues
  • Liquidated damages
  • Practical completion
  • Payment of retention
  • Interpretation of contracts
  • Design Liability
  • Construction insolvency

 

Chambers accepts instructions from a wide range of clients including, construction and engineering organisations, contractors, sub-contractors, employers, architects, consulting engineers, quantity surveyors, construction claims consultants, developers, local authorities, government organisations, corporate clients, investors and international organisations

Services

  • Clear and concise legal advice in Construction Adjudication
  • Setting out the overall strategy to be adopted in order to obtain the best possible outcome in Construction Adjudication under NEC3/NEC4/JCT2011/2016/ACA Partnering Contracts/GC Work as well as bespoke forms of construction contracts
  • Preparation of Notice of Adjudication
  • Preparation of submissions on Jurisdiction
  • Preparation of Referral
  • Preparation of Response
  • Preparation of Reply
  • Preparation of any further submissions
  • Advocacy at the hearing
  • Analysis of documentary evidence
  • Drafting Witness Statements
  • Enforcement of an Adjudicator’s Decision in the High Court (TCC)
  • Resisting the enforcement of an Adjudicator’s Decision in the High Court (TCC)
  • Applications in the High Court
  • Representation at Trial in the High Court (TCC)
  • Representation in the Court of Appeal and the Supreme Court

TESTIMONIALS

What Clients Say

Years of Experience

We have many years of experience in our core areas of expertise and provide high quality legal advice, drafting and robust representation in all courts and tribunals in England and Wales.

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