We prepare a consolidated claim for time and/or costs for contractors and subcontractors. We give the right strategy and prepare an appropriate referral documents and managing the process from start to finish. AJBC also may defend a Contractor from an adjudication submission. AJBC’s experienced consultants have achieved a high success rate in adjudication owing to the experience international staff.
NEC
Construction adjudication
The Adjudication Society’s recent Report have shown that the number of construction disputes being referred to adjudication in the UK is on the rise compared to arbitration and court proceedings, owing to a quick result. This may give certain advantages to the Respondent.
What is construction adjudication?
Adjudication is a swift and cost-effective method of resolving construction disputes in comparison with arbitration and court proceedings. It is aimed to achieve a quick decision so that projects can continue without delay and entitlements are awarded.
Adjudication can be used by parties to “construction contracts” which are a type of contracts that have a wide definition in the Construction Act (Housing Grants, Construction and Regeneration Act 1996 and the Scheme).
The adjudicator, a neutral third party, will give a binding decision of the dispute within 28 days of receiving the referral notice unless the referring party accepts an extension to the time limit. The decision of the adjudicator is binding unless and until it is overturned by litigation or arbitration. The parties must comply with it unless they can challenge the adjudicator’s decision. In most cases, the adjudicator can decide the dispute based on paperwork only, without the need for a meeting.
We work for main contractors or specialist subcontractors.
Our Claim and Adjudication Team consists of experienced Consultants:
- Andrew Bowler – 35 years experienced with direct experience in Adjudication / arbitration and dispute boards
- Ian Bartlett – 50 years experienced and operates as Delay and expert work
- Alan Clarke – Quantum Expert/ Chartered Quantity Surveyor and registered expert
- Independent experts
- Practising Adjudicator, who ensures that the challenges are defended
- UK Legal counsel
Common Jurisdictional challenges
- Is it a “construction contract” and do you comply with the HGRCA or the Scheme? Sometimes the answer is not so simple.
- Sometimes the Responding Party is obstructive in every way, to the effect they refuse to accept to pay the adjudicator, or refute every single issue, or obfuscate the proceedings.
- Is this dispute crystallised and ready to be referred to adjudication? AJBC ensures the right approach is taken to ensure the dispute is sufficiently crystallised to avoid this challenge.
- Appoint experts in the correct manner, ensuring independence.
- AJBC has drafted the referral notice and the Reply to the Respondents Reply, and rejoinders and is fully aware of certain pitfalls in raising new disputes.
You can contact us for a free, no-obligation discussion. We prepare the consolidated Claim and submission and then continue with the Claim to be resolved in Adjudication.
- Breach of contract
- Changes – change orders, variation orders/instructions, variation accounts, compensation events
- Defects and non-compliant work and design
- Delay and disruption
- Extensions of time, loss and expense and liquidated damages
- Interim applications for payment
- Loss and expense
- Loss of productivity and increased costs
- Loss of profit
- Payment and valuation disputes
- Retention
- Final Accounts
- Termination/determination
There are strict time frames and procedures to comply with and attempting to navigate the process without seeking professional advice can jeopardize your interests. At AJBC, we offer you the knowledge and experience required for a successful outcome.
Whilst we are offering support and expertise in many sectors including oil &gas, chemical plants, building and civils works, our most recent experience in adjudication is representing a renowned global UK company in disputes on a waste-to-energy plant project as well as a water treatment plant project. We are supporting them in collaboration with a designated law firm.
Point of contact
Your main point of contact will be our Managing Director, Andrew Bowler, a qualified construction professional in quantity surveying, claims and dispute resolution. He has acted as lead representative and advocate in numerous adjudications and arbitrations, including many disputes concerning time and money in construction claims.
Our fees
We offer competitive rates for the time and budget constraints you are facing. Unlike many of our competitors, we offer a fully comprehensive dispute resolution service in the UK and globally.
