Adjudications are our bread and butter. For better or worse, it’s the industry’s go-to dispute resolution forum. While adjudication has its flaws – believe us, we know – 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.
We are used to referring and responding to adjudications of all shapes and sizes. We have the capacity to advise and turn round submissions in short order, and we know the right people to help when experts are needed.
In the last couple of years, we have seen a steady increase in the number of adjudications: in 2020, Carolyn, Hanna, Oli and Ruth handled around 50 adjudications between them. Together they have been one of the top users of the RICS’s adjudicator nomination service – so much so that Hanna now sits on the RICS’s Dispute Resolution Advisory Board.
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. To give a flavour, you can consider some of our previous adjudication case studies. 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, advice on enforcement comes as part of the package. 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.