Adjudication Services for the Construction Industry

Construction legal adviceStatutory Adjudication in the UK

Click on Adjudication in Construction Course for course details and the registration form for our course on the 25 and 26th of November.

Statutory Adjudication in the UK

• Section 108 of the Housing Grants, Construction and Regeneration Act 1996 gives a statutory right for either party to a construction contract, at any time, to refer disputes to adjudication.

• The adjudication procedure is intended to deal with all manner of disputes, including delays, additional cost claims, variations, valuation of work, defective work and the like.

• The Act provides a very tight timetable:

• The adjudicator must be appointed within seven days of a party referring the matter to adjudication.

• The adjudicator must reach a decision within 28 days of referral although an extra 14 days may be allowed if the referring party agrees. (It can only be extended further if both parties agree.)

• A referring party will normally carefully prepare its case for submission before sending off the referral notice. Such preparation time will be to the advantage of the referring party and could be planned to catch the respondent party unawares. With the above timetable in mind, the respondent party may receive the referring party's detailed claim and have a period of probably no more than 14 days, and in some cases less, to respond. Extreme difficulty may be experienced in replying to the detailed claim within this period. If no response is provided the adjudicator is empowered to make an award in its absence.

• The adjudicator's decision is binding. Reference may be made to court or to arbitration, where the adjudicator's award may be reversed but in the meantime, the parties must comply with it and make any payments directed.

Services offered by Longworth Consulting comprise:-

• Analysis of a party's case

• Provision of skilled personnel to prepare a case or response to a claim within the time limits laid down by the Act and the adjudicator

• Our personnel are able to work in the client's premises or on site as appropriate.

• Our fees can be based upon a lump sum, hourly rates or contingency basis, as appropriate.

Adjudication Track Record

Longworth Consulting's successful adjudication expertise spans a variety of sectors. Our experience has covered extensive Adjudications in the role of representing the referring party, numerous Adjudications preparing the response for defending parties, or Longworth Consulting's experienced and qualified staff repeatedly act as Adjudicator. Nearly all our consultants are registered Adjudicators with nominating bodies such as the Association of Independent Construction Adjudicators, the NSCC, the RICS, the ICE and the CIArb.

Adjudication Helpline

Are you in any of the following scenarios?

• You are not receiving correct payment or proper extension of time
• Your contractors or sub-contractors are producing defective work or failing to perform in accordance with the contract
• The professional team is failing to operate the procedures of the contract correctly
• There is dispute as to whether or not a variation to the contract has occurred
• You are a construction professional experiencing difficulties in recovering fees

The only procedure you need is to contact:

Nick Longworth
Managing Director of the Longworth Consulting Group of Companies

Nick is responsible for such Adjudication Services who will ensure your case is assessed, appropriate Consultant resources are appointed and any submissions or documents are duly served in accordance with the time restraints of the Act and those imposed by the Adjudicator, thus enabling you to continue with your business and maximise your position.