Adjudication

Adjudication is the single greatest factor to have affected dispute resolution in the construction industry in the UK. New proceedings issued in the Technology and Construction court have reduced dramatically since adjudication has become available.

Chartered surveyors have taken the lead both in assisting parties to prepare for an adjudication, and in the role of adjudicators themselves. Jurisdiction is the most important legal issue for practitioners to consider. If the adjudicator does not have jurisdiction, for whatever reason, then their decision will not be enforceable.

There is no formal requirement as to what constitutes a dispute, but clearly a claim must have been made and refuted. Resolving a dispute through adjudication is by far the quickest way of all of the formal dispute resolution procedures and it is relatively inexpensive compared to arbitration or litigation.

This section is maintained by Richard Mills of Mills & Co Solicitors.

Document template: Adjudication sample witness statement

Document template: Adjudication template for referral

RICS journal article: The obligation to adjudicate under NEC