We are experts in all forms of dispute resolution - but we know that not all of our clients and contacts are familiar with any or all of these forms.
So, we have produced explanations of each of the key forms of dispute resolution (namely mediation, adjudication, arbitration and last but never least litigation in the Technology and Construction Court) in a handy, easily digestible format.
Our helpful 'quick guide' flowcharts explain the requirements and overall format of these four most used dispute resolution forums. Last week, we released the first flowchart in our WBD Construction Disputes Series, relating to mediation.
The second flowchart to be released in the series is...Adjudication.
Adjudication is a statutory dispute resolution procedure for the construction industry. It was introduced by the Housing Grants, Construction and Regeneration Act 1996 (as amended) as a quicker and cheaper way to resolve certain construction disputes.
Our Construction and Engineering team is highly experienced in dealing with all different types of adjudications (eg defect claims, final account disputes, non-payment claims), helping our clients and their insurers bring and defend claims, sometimes for many millions of pounds.
For example, we have previously acted in connection with a complex and potentially sensitive case involving a contractual adjudication for a very large NHS Trust against a project company on a PFI contract. The claim related to ventilation rates and air pressure differentials on hospital wards housing high risk immunosuppressed patients. The Adjudicator was a retired TCC judge, whose findings were resoundingly in our client’s favour.
You can download our adjudication flowchart here.
If you prefer, you can view this as an interactive adjudication process here.
Our mediation flowchart and interactive process are still available here.
We will be releasing the next flowchart and interactive process in our WBD Construction Disputes Series next week, so keep your eyes peeled for it.