Adjudication can cover most disputes under a construction and civil engineering contracts, including payment, delay, defective work, and professional negligence issues.
Adjudication has become one of the most widely used methods of resolving disputes in the construction and civil engineering industry.
It provides a fast, cost-effective and binding, though interim, decision on contractual issues, helping projects continue while protecting cash flow.
Adjudication was introduced under the Housing Grants, Construction and Regeneration Act 1996 to provide a quick and practical way to resolve construction payment and contract disputes.
The process allows either party to refer a dispute to an independent adjudicator, who must normally make a decision within 28 days of the referral.
This ensures issues such as payment, delay or defective work can be addressed while the project continues, without waiting for Court or arbitration proceedings.
The adjudicator’s decision is temporarily binding and must be complied with immediately, but it can later be reviewed through arbitration or litigation if either party disagrees.
In practice, most adjudication decisions are accepted, avoiding further proceedings altogether.
Several members of the Trinity ADR team have extensive specialist experience in dealing with a wide range of complex construction and civil engineering disputes. The team acts for project managers, developers, contractors, subcontractors and consultants across all major contract forms, including Joint Contracts Tribunal (JCT), New Engineering Contract (NEC) and bespoke agreements.
Adjudication — FAQs
What types of disputes can be adjudicated?
How long does adjudication take?
The adjudicator must usually reach a decision within 28 days of referral, although this can be extended by agreement between the parties.
Is the adjudicator’s decision binding?
Yes, it is immediately binding, and the parties must comply; however, it is temporarily binding, meaning it can later be reviewed by arbitration or the Courts.
The parties may agree on an adjudicator, or one can be appointed by an Adjudicator Nominating Body (ANB) such as the RICS, CIArb, or TeCSA.
Why is adjudication important in resolving construction and civil engineering disputes?
The process ensures that payment and project progress are not delayed by protracted disputes, supporting the “pay now, argue later” principle of the Construction Act.
Can an adjudicator’s decision be enforced?
Yes. Decisions can be enforced through the Technology and Construction Court (TCC) using summary judgment procedures.
What if one party ignores the adjudicator’s decision?
Failure to comply can result in court enforcement; the TCC generally enforces adjudicators’ decisions swiftly unless there are procedural irregularities.
Yes. Proceedings are conducted privately, and decisions are not published unless both parties agree.
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