Adjudication

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 to a construction contract have a statutory right to refer a construction dispute to adjudication.

The head of the Adjudication Team, Charles Edwards, is a first-class construction barrister and has a reputation for excellence in adjudication. Chambers has significant experience in the resolution of complex construction and engineering disputes by adjudication.

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.

Instructions include:

  • Successful adjudication on behalf a contractor pursuant to section 108 of the Housing Grants, Construction and Regeneration Act 1996 (as amended) concerning payment, loss and/or expense and interim payments.
  • Successful adjudication on behalf of a contractor pursuant to section 108 of the Housing Grants, Construction and Regeneration Act 1996 (as amended) concerning major change in scope of works.
  • TCC (High Court) Acting for a contractor in enforcement proceedings regarding the enforcement of an adjudicator’s decision in relation to complex construction and engineering works.
  • TCC (High Court) Advising contractor on enforcement proceedings for non-payment on a major construction project following proceedings between the Employer, Contractor and Sub-Contractor.
  • Successfully advising and acting in insolvency proceedings in the High Court (Companies Court) in relation to a JCT contract construction and insolvency of one of the parties, proceedings by the insolvency practitioner.
  • Successful adjudication pursuant to section 108 of the Housing Grants, Construction and Regeneration Act 1996 (as amended) concerning recovery of Overheads Contribution as part of loss and/or expense claim pursuant to a heavily amended JCT Contract.

Testimonials

Members of chambers act for contractors, subcontractors, employers, architects, engineers, property developers, investors on a wide range of construction disputes. Chambers is able to agree a fixed fee for most adjudications or where a fixed fee is
not appropriate then we are able to agree a time-based fee.

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To obtain further information on how Gray’s Inn Construction Chambers can assist you or your organisation, please contact the Head of Chambers on [email protected] or ring Chambers on 0207 1932427.