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.

“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.