Construction Adjudication

Construction Adjudication Solicitors

Construction adjudication is a fast and effective form of dispute resolution used across the construction industry. It is often the preferred route where parties need a decision quickly, particularly on payment, final account, extensions of time and other issues that can affect cash flow and project delivery.

At Anderson Strathern, our construction adjudication solicitors advise clients at every stage of the adjudication process. Whether you are looking to refer a dispute, prepare a notice of adjudication, respond as the responding party or enforce an adjudicator’s decision, we provide clear legal advice that is practical, commercially focused and delivered at pace.

Construction adjudication in practice

Adjudication gives a party to a construction contract the right to refer a dispute for a rapid interim decision. Under the statutory regime, the adjudicator is generally required to reach a decision within 28 days of the referral, subject to limited extensions. The right to adjudicate at any time is a well-established feature of construction contracts under the Housing Grants, Construction and Regeneration Act 1996.

This makes construction adjudication a valuable tool where a construction project is under pressure and a cost-effective resolution is needed more quickly than court proceedings would usually allow. It is commonly used in construction disputes involving payment, final account issues, delay, defective works and extensions of time.

Our expertise in the adjudication process

Our team advises on all aspects of construction adjudication, including:

• preparing and serving a notice of adjudication
• drafting referral notices and supporting submissions
• engaging counsel and independent expert witnesses where appropriate
• advising the referring party on strategy, evidence and jurisdiction
• advising the responding party on response, defence and counter-position
• challenges relating to jurisdiction and procedural fairness
• appointment of an adjudicator or use of an adjudicator nominating body ANB
• enforcement of an adjudicator’s decision
• linked court proceedings where enforcement or challenge issues arise

We act for a wide range of clients involved in a construction project, including employers, contractors, sub-contractors, consultants and developers. Our lawyers have extensive experience in disputes arising under standard forms and bespoke construction contracts.

A practical and focused approach to adjudication

The adjudication process moves quickly. Early preparation, a clear understanding of the contract and careful handling of the evidence are often critical to the outcome. Our construction adjudication solicitors work closely with clients to identify the core issues, assess the strengths and weaknesses of the case and present the best possible position within the compressed timetable.

We also advise on the wider strategic context. In some cases, adjudication is the most effective route to resolve construction disputes quickly and preserve momentum on a live project. In others, it forms one part of a broader dispute resolution strategy, alongside negotiation, mediation or later court proceedings if required.

Why choose Anderson Strathern

Clients choose Anderson Strathern because we combine technical construction expertise with a practical understanding of the commercial realities of the construction industry. We know that adjudication is often pursued under significant time pressure, and that clients need advice that is clear, responsive and focused on achieving a sensible outcome.

Our team has experience across a broad range of construction disputes and understands how adjudication interacts with the wider project, contractual framework and commercial objectives of the client. We are quick to respond, thorough in our preparation and focused on helping clients use adjudication effectively.

How we can help

If you need advice on construction adjudication, our team can help. Whether you are preparing a notice of adjudication, drafting referral notices, responding to a claim or seeking to enforce an adjudicator’s decision, we can support you through the process.

Contact us on 0131 270 7700, visit our offices in Edinburgh, Glasgow, East Lothian, Shetland or Orkney, or fill in our enquiry form to request a call back.