Adjudication

Introduced in 1998 by the Housing Grants, Construction and Regeneration Act 1996 as an alternative to court proceedings, adjudication offers a quick, straightforward and relatively informal way of resolving disputes arising out of construction contracts, binding on the parties unless and until challenged in court or arbitration.

With decisions made typically within 28 days of the case being referred to an independent adjudicator, and with no limit on the value of the dispute, adjudication is a commercially attractive option to many clients. Successful claimants, in particular, benefit from being able to get back to business more quickly than would be possible using the longer, more formal court process.

The 28-day time limit means that parties involved need to be highly organised and skilful if they are to be successful. Defendants may have to prepare a defence to a major claim in a very few days, while claimants need to be ready to deal with a substantial defence at very short notice.

Given the real practical issues surrounding adjudication, expert advice and representation from counsel is crucial in preparing for and during adjudication proceedings.

Keating Chambers and Adjudication

Having been involved in adjudication cases from the start, members of Chambers have extensive experience of working within the time constraints for their clients, providing the very best advice and representation at all times.

Since adjudication became available to disputing parties, a number of issues have arisen about the process, particularly over the interpretation of the Act. These can have a direct impact on whether a decision can be enforced, opening up the possibility of prolonging the dispute through litigation or arbitration.

Counsel at Keating Chambers have an excellent record of assisting with the enforceability of awards, having appeared in early landmark cases on the subject and in subsequent cases which have further developed the law. Since the law in this area is still evolving, our experience is invaluable for dealing with the issues that can potentially jeopardise an award.

By instructing a member of Keating Chambers, you can therefore be assured of the appropriate speed of service combined with the highest quality advice and representation designed to help protect your commercial interests.

In recognition of their specialist experience, members of Keating Chambers at all levels are frequently appointed as adjudicators. Members of Chambers are regularly named as adjudicators in contracts. In other cases they are appointed by agreement of the parties or by a nominating body.

Cases involving Members of Chambers

Early landmark cases

Macob Civil Engineering Ltd v Morrison Construction Ltd [2000] 75 Con LR 101
Outwing Construction Ltd v H. Randall and Sons Ltd (1999) BLR 156
Cothliff Ltd v Allen Budd (North West) Ltd (1999) CILL 1530

Recent cases

Further Information
For further information on how our members can assist you, please contact the Senior Clerk, Nick Child in the first instance on +44(0)20 7544 2600. The teams of Clerks will be pleased to advise you on the member of Keating Chambers appropriate to your requirements.