Adjudication

In any construction project, it is in everyone’s best interest to keep the project moving forward as swiftly as possible even in the event of a dispute.

This is particularly so in the case of major PFI & PPP development and infrastructure projects such as those procured by the public sector.

In order to reduce the number of construction disputes ending up in court, statutory adjudication was introduced by the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996) such that parties to a construction contract cannot contract out of adjudication as a way forward when a dispute arises. 

Adjudication is usually a 28-day procedure which operates on the basis of "pay first, argue later" in order to keep cash flowing during construction. 

Sharpe Pritchard is unique in offering a dedicated unit specialising exclusively in the adjudication of construction disputes. We can assist throughout the adjudication process, whether you are referring a dispute or responding to a request for adjudication.  Our team can also advise in appealing a decision or enforcement.

The decision in an adjudication is binding, and as it may not be possible to recover your costs, it is important to have a solicitor with a proven track record on your side.  Sharpe Pritchard has an enviably high success rate in the adjudication of construction disputes for local authorities, achieving a favourable outcome in over 88 per cent of the cases we advise on.  It makes sense to have us on your side.

The construction team regularly lectures and runs training workshops on adjudication in the construction industry.

Recent work

  • successfully defending a significant adjudication referral brought against an authority under an NEC contract;
  • successfully pursuing multiple bond claims following the insolvency of a contractor;
  • negotiating a highly favourable settlement in favour of an authority in relation to GC/Works contract.

 

What others say

“Approachable, technically excellent and responsive,” Justin Mendelle of Sharpe Pritchard advises a host of purchaser clients on contentious and non-contentious matters. Chambers UK, 2015.

The “hardworking” Justin Mendelle heads the team.

“Justin Mendelle is an exceptional lawyer with a razor sharp brain” Milton Keynes.

“our trusted source – we wouldn’t go anywhere else” Eastbourne.

“Leader in the field”, Justin is "admired by sources for his impressive commercial awareness." His clients say that he is "unflappable and very thorough, and has the ability to quickly grasp the issues at hand" Chambers UK, 2014.

"proven commercial negotiatorLegal 500, 2014.

Updates

19 November 2018

No “philosopher’s stone”- Court of Appeal confirms TCC’s decision in Grove Developments Ltd v S&T (UK) Ltd [2018] EWCA Civ 2448
more »

15 August 2018

Can a lead consultant be responsible for works carried out by others? Midlothian Council v Bracewell Sterling Architects [2018] CSIH 21
more »

21 March 2017

Sharpe Focus 18 – news, projects and legal updates
more »

© Copyright 2018 Sharpe Pritchard