Adjudication
Adjudications are our bread and butter. For better or worse, it’s the industry’s go-to dispute resolution forum: with well over 2,000 adjudications every year in the UK, it’s far more prevalent than litigation or arbitration. While adjudication has its flaws, it can be a quick and cost-efficient route to unlock a dispute. And like it or not, if you’ve got a construction contract, you’re stuck with it anyway.
Every year we handle hundreds of adjudications across the firm, and are one of the top users of the RICS’s adjudicator nomination service. We are used to referring and responding to adjudications of all shapes and sizes, and we have the capacity to advise and turn round submissions in short order with the assistance of a network of expert contacts where needed.
Many adjudications concern discrete or procedural issues – including smash and grabs – although kitchen sink valuation disputes, negligence claims, and other more unusual issues still make up a large amount of our workload. We have the knowledge and capacity to deal with multiple adjudication referrals concurrently and to formulate a strategy for bringing (or defending) adjudications to clients’ advantage.
We also give training on adjudication and what to look out for. But there is no substitute for talking things through – so if you’ve got an adjudication in mind, are expecting to be on the receiving end, or just want to talk through a problem, please get in touch.
Adjudication enforcement
When you’ve got an adjudication decision in your favour, you’ll probably want to enforce it if the other side isn’t playing ball. We’re frequent and successful users of the Technology and Construction Court’s fast-track adjudication enforcement framework – so we can help.
We’re equally able to advise on resisting enforcement, if you find yourself on the other end of a decision. While the grounds for resisting enforcement of an adjudication award are limited, they are available, and we know how to explore indirect avenues for getting round a bad decision too.
When we’ve acted on an adjudication for you, we’ll naturally move on to give advice on enforcement. But we’re also happy to take over matters that reach the enforcement stage even if we didn’t act in the adjudication itself – whatever the reason. We have a network of claims consultants who frequently pass their enforcement business to us, because they know we offer an expert pair of hands.
Because we do it so often and we know the type of work involved, we’re happy to discuss alternative fee arrangements for adjudication enforcement work. Damages-based agreements and fixed fees can be good alternatives – drop us a line and we’d be happy to talk through the options.
Adjudication
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I have been working with Ruth and the Team for a number of years on various complex issues. They always go the extra mile to understand the commercial reality of situations providing detailed and well thought out guidance and legal advice every time. They are an invaluable support service when required and it is clear that they genuinely care about providing the best service possible to our business.
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Commercial Director – Rail & Infrastructure Division | VolkerFitzpatrick
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Director | John Henry Group
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Director | Common Projects
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Director | Big Sky Living
Adam was an excellent all around. Disputes can often be stressful so it is incredibly helpful to have someone who can cut through the fog to deliver clear and concise advice that was still meticulous. He was always quick to respond when needed and was great at balancing the legal position against the reality of a commercial
environment
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Director | MBIL Developments
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Regional Commercial Director | Breheny Civil Engineering
Dealing with the potential loss of our home and possibly much worse we found ourselves in a difficult and vulnerable position. Seeking justice as lay people is a minefield full of risk and uncertainty.
Fortunately we were supported by caring professionals at Archor, in particular Jessica Garrod, Associate. It was quite a journey, but Jessica and Andrew Rush (Senior Partner) steered us through the choppy waters.
We can never thank them enough and we thoroughly recommend them as solicitors, their knowledge and skill in relation to dealing with properties and institutions such as insurance companies is second to none.
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Private Clients, Norfolk
