Party Representation in Adjudication
The legal systems of the UK have conferred the statutory right upon the parties of most commercial construction contracts to refer a construction dispute ‘at any time’. Regardless of the size of the company or of the dispute, it is likely that a commercial construction contract within the UK will have a right to an enforceable decision from an adjudicator.
The benefit of adjudication flows from the relatively quick turnaround of the adjudicator’s decision on the dispute (within 28 days unless extended by agreement), with the overall purpose of Part II of the Housing Act* to provide justice quickly, improve cash-flow and provide temporary finality on the dispute.
Provided that the dispute has crystallised**, a party who issues a compliant Notice of Intention to seek Adjudication will be entitled to the appointment of an adjudicator, with appropriate jurisdiction, to resolve the disputed matter. IT is enshrined in statute that the parties “shall comply with [the decision] until the dispute is finally determined legal proceedings, by arbitration…or by agreement between the parties”. Well over 90% of decisions are accepted and do not result in further proceedings***.
To assist you with the adjudication procedure, Andrew Davidson offers Party Representation for Adjudication as a service to his clients, either as the lead party representative or as a supplemental team member to support and coordinate your project team and legal counsel. He is a degree qualified quantity surveyor and ‘hands-on’ project manager, with a postgraduate diploma in construction law, adjudication and arbitration, specialising in claims management and alternative dispute resolution (ADR).
He has undertaken formal training on claim preparation to ensure that claims are fact-based, demonstrate entitlement and provide clear substantiation. Further, he has undertaken training in negotiation strategies and techniques by the London School of Economics and is a CEDR accredited mediator. These skills may serve your dispute resolution strategy in circumstances where business to business relationships between the decision makers are highly valued.
*The Housing Grants Construction and Regeneration Act (England & Wales) 1996 as amended
**The Rt Hon. Lord Justice Coulson, Coulson on Construction Adjudication, 4th Edition, Oxford University Press (2018) at section 7.74
***John Uff, Construction Law, 11th Edition, Sweet and Maxwell (2013) at p.67
