Introduced 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 typically made within 28 or 42 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.
Adjudication is also used in other forms of contract, particularly PFI contracts. Keating Chambers undertakes a considerable amount of adjudication work in the PFI sphere.
Given the real practical issues surrounding adjudication, expert advice and representation from counsel is crucial in preparing for and during adjudication proceedings.
Members of Keating Chambers remain at the forefront of the development in the law on adjudication and have unrivalled experience in providing advisory, preparatory, documentary and advocacy work in relation to adjudication and related Court proceedings (such as enforcement proceedings and Part 8 claims).
In recognition of their specialist experience, members of Keating Chambers at all levels are frequently appointed as adjudicators (either as named adjudicators in contracts or by agreement of the parties or a nominating body). For adjudicator appointments, please contact our ADR Clerk, Oliver Goldsmith.