Since its introduction in the UK in 1998, adjudication has become the dispute resolution forum of choice in the UK construction industry and is increasingly being used in other jurisdictions. Apart from a few exceptions, all construction contracts in the UK must provide for disputes to be referred to adjudication, the objective being to reach fair, quick and cost-effective decisions on disputes.

Despite being a faster, more favourable alternative to litigation, the process has evolved into a complex, costly and highly legal one, requiring considerable skill on the part of the adjudicator.

How Adjudication Works

The process begins when one party provides a Notice of Adjudication i.e. written notice of their intention to refer a dispute to adjudication. Once an adjudicator has confirmed acceptance of an appointment, the Referring Party must serve its Referral Notice within a relatively short period (which is typically prescribed (in the UK this is within seven days of the Notice of Adjudication), with details of the case and supporting documentation such as expert reports and witness statements.  The Responding Party then will be given the opportunity to submit their Response, addressing the points raised in the Referral and providing their own evidence and arguments. The adjudicator reviews the submissions from both parties, requests further information if needed, and reaches a Decision. This Decision is typically required to be made within 28 days of the Referral, but this period can be extended with the agreement of one or both parties.

Our Adjudicators

Our team of adjudicators, led by Matt Molloy and Jonathan Cope, are leading dispute resolution specialists who are able to ensure that each decision is informed by significant industry knowledge gained over three decades of experience. They are on a variety of UK and international panels of adjudicators including RICS, TeCSA, CIArb, CEDR, CIC, CIOB, RIBA and the Irish government panel of construction adjudicators as well as the FIDIC’s President’s List. Matt and Jonathan are named as dispute resolvers in a variety of significant contracts and framework agreements and are frequently appointed to act as adjudicators by parties and their representatives worldwide. They have together been appointed in over 1,400 adjudications, with recent decisions relating to:

• £18m cladding dispute arising from alleged failures to comply with the Building Regulations which has come to light after the Grenfell Tower tragedy (JCT D&B contract)
• Contract interpretation dispute arising from a port harbour authority project under a NEC3 form of contract
• £10m professional negligence claim against a quantity surveyor arising from an alleged failure to exercise reasonable skill and care in connection with a mixed used commercial and residential development 
• £6m dispute between national energy infrastructure company and JV concerning the proper assessment of compensation events (NEC3 ECC Option C)
• £7m multi-party dispute between office building owner, main contractor and sub-contractors arising out of alleged defects (JCT D&B contract)
• £4m dispute between hospital trust and main contractor concerning entitlements to extension of time and loss and expense (JCT D&B contract)

Matt and Jonathan have also recently pooled their knowledge, wisdom, and years of experience with the publication of their first book for aspiring and practising adjudicators. Adjudicating Construction and Engineering Disputes is out now and available to purchase here