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Adjudication Services

Referring Your Dispute To Adjudication

With the right advice, adjudication is a fast and cost effective method of dispute resolution, and is often used by subcontractors in the UK construction industry.

The entire adjudication process from referral to decision can be completed in under 42 days, unless an extension is mutually agreed between yourself and the party that you are adjudicating against.

Adjudication is a legal process whereby your case is prepared and submitted to an adjudicator who will then decide on the outcome. Adjudicators are generally quantity surveyors, building surveyors, engineers, architects or lawyers. So long as they are properly appointed under the Housing Grants Construction and Regeneration Act 1996 – usually called the “Construction Act” for short – any decision that they make is enforceable in the High Court, just like a court judgement.

If you wish to refer a case to adjudication you must prepare properly and thoroughly in order to create a winnable case. Remember this is a legal process and there is a certain amount of legal formality to be followed, and a few pitfalls to watch out for.

We can advise you about the likely outcome of an adjudication, and provide support in preparing your case, and representing you at all stages of the process, to ensure you have the best possible prospect for success.

"Due to their in depth knowledge Ashmore Consulting is a very useful allay to have on your side especially when you come up against bigger main contractors where it soon becomes evident that they often know more than the Contractor!

I happily recommend them."

Mark Bidwell - Terex Material Handling & Port Solutions (UK) Ltd

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Responding To A Referral

If you are on the receiving end of an adjudication referral notice, then the key is to act fast.

We can help you put together a strong case for challenging an adjudication dispute efficiently and effectively.

There is a seven day limit for the Referring Party between serving the Referral Notice and appointing an adjudicator for the case. So in that seven days as the Responding Party you need to:

  • Consider if there are jurisdictional challenge(s) you want to raise.
  • Send any jurisdictional challenge(s) in writing to the Referring Party and the Adjudicator.
  • Describe the details of challenge(s) in full.

If the case isn’t referred to an adjudicator within the seven day period then the Referring Party has to start the process again, so it’s vital that you act quickly.

If it isn’t possible to challenge jurisdiction, then you are likely to be given only 10 to 14 days by the Adjudicator to prepare your Response. This can be a daunting task if you are faced with several lever arch files of documents!

Do not delay take advice immediately, and call us on 01773 715062.

"Barry has provided professional services for my company on several occasions and his work and advice has always been detailed, practical and a great help in resolving contractual issues."

Ashley Field - (Managing Director) Field Associates Ltd

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Adjudication Pitfalls

Although adjudication is a fast and cost effective way of resolving construction disputes, there are some pitfalls that need to be considered when referring a case:

  • The Adjudicator must act within the jurisdiction specified in the contract.
  • Everything happens very quickly and there is NO time for delay or procrastination
  • You must prepare your case properly or the Adjudicator will decide against you
  • There is limited testing of evidence provided or investigation into claims made and little time to examine the evidence provided to support those claims.
  • There is limited opportunity to appeal the decision of the Adjudicator.

With these pitfalls in mind, it is vital that your case is handled efficiently and effectively, making the most of the opportunity to resolve within the short time period given.

We have been providing expert adjudication advice since 1996 when the Act was first drafted, and we can help you to build the best case possible to ensure you to resolve your dispute quickly and cost effectively.

Do not delay take advice immediately, and call us on 01773 715062.

"We had a contractual issue with a client and the Main Contractor and needed some professional help.

But which professional? Specialist Construction Lawyer? Arbitration?

Had we decided to spend this time with Barry three months earlier, it would have saved the company a significant amount of money."

Joe Makepeace - Hirst and Danson Group Ltd

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