Adjudication

Construction Adjudication is a well-used dispute resolution process in which an independent third party makes a rapid decision when the parties to a construction contract are in disagreement. The popularity of the procedure instituted by the Housing Grants, Construction and Regeneration Act 1996, together with the breadth of the definition of “construction contracts” have contributed greatly to the wide expansion of the use of the adjudication procedure. There have been a large number of TCC judgments in adjudication enforcement proceedings, which have both simplified the workings of the process in some areas and complicated it in others.

TECBAR members have instigated the growth of the adjudication jurisprudence through their involvement as advocates in enforcement procedures, and many of them have developed real expertise in the field.

They have also been frequently appointed as adjudicators so that TECBAR is able to provide a showcase of experienced adjudicators who are able to accept instructions and to act on very short notice. The Adjudication Scheme Clerk has developed significant experience in the appointment of adjudicators so that the process can be as swift and trouble-free as possible.

“Adjudication is now part of the fabric of the construction industry, and has been for over 20 years. Many of the professionals involved in this field may not even recall a time when it was not available. Many parties in such disputes are content to accept the decision of the adjudicator as the permanent outcome of their dispute, or as the basis of a commercial compromise. There is a heavy responsibility on the adjudicator both for this reason, and also due to the time pressures imposed on the process. For the parties, the selection of an adjudicator who is experienced, independent and familiar with the control of procedure is of great importance.

As Judge in charge of the Technology and Construction Court, I encourage all parties in the use of TECBAR’s Dispute Resolution Appointments process. All of the members of the TECBAR Panel have the necessary skills to perform the task, and to perform it to a high standard.

TECBAR offers a substantial body of nominees collectively comprising decades of experience of all forms of dispute. Barristers are available at all levels of seniority and at short notice. All TECBAR nominated adjudicators undertake training before membership is approved. Barristers are known for their independence and ability to work under pressure, both of which are essential attributes for performance as adjudicators. Nor are the nominees limited to adjudicators. The selection process can be used for the nomination and appointment of arbitrators, mediators and DRB members.

As with the previous Judges in charge of the TCC, I am very pleased to recommend the use of TECBAR as a nominating body for all these forms of dispute resolution.”

Mr Justice Fraser

TECBAR Adjudicators

TECBAR Adjudication Scheme Clerk

Jon Robinson
4 Pump Court
Temple
London EC4Y 7AN

Tel: 020 7842 5555
DX : 303 LDE

Email: JRobinson@4pumpcourt.com

TECBAR
TECBAR