Arbitration in Construction

If you’re in Construction at some time you have  struggled to obtain payments Main Contractor or  Clients alike, likewise you may have had disputes with your supply chain, do you require dispute resolution and contractual support before you sign up to commitments or lawyers.

You may have heard of Adjudication but aren’t sure what it involves, how to go about ensuring a win, or how much it will cost?

If you need to resolve a dispute and collect your cash quickly, there are several options before committing to expense.

Our expertise as construction adjudicators and mediators will guide you through the process, prepare the submissions, and oversee the process with you having as much, or as little, involvement as you prefer.

Mediat has helped its clients to resolve disputes ranging from £10,000 to £100 Million in value.

Often, an initial contact  is all that is required to bring the problem to a head and to facilitate negotiations. Our support at the negotiating table has proved highly beneficial in obtaining much fairer settlements for our many Subcontractor clients, of all trades, and in unlocking their unpaid cash.

However, once a dispute has manifested itself, it usually means that the other party has made a positive decision not to pay you, or to agree to grant the required extension of time. In these situations, GB CDC regularly provides a full Adjudication service to its Subcontractor clients. With your input, we prepare and submit all the necessary formal adjudication documentation, arrange for the appropriate appointment of an experienced Adjudicator, and manage the process up to the obtaining of a Decision for you. In well over 120 Adjudications to date, we have been very successful in all but a handful of our cases; however, those losses had been anticipated and advised to our Clients, who still decided to ‘have a go’.

In addition to Adjudication, we are equally able to advise upon and represent our clients in other forms of dispute resolution, including mediation, arbitration and expert determination.

GB CDC has successfully represented many Subcontractors, and Employers in numerous Adjudications concerning:

  • Payment Disputes
  • Retention Release
  • Defects and associated rectification costs
  • Extensions of Time
  • Loss and Expense
  • Liquidated Damages
  • Contra-Charges
  • Damages for Breach of Contract
  • Loss of Profit

Adjudication was made part of the UK’s Construction Law in 1998 via the Housing Grants, Construction and Regeneration Act. Most construction contracts hence have the right to refer disputes to Adjudication, whether the Contract provides for it or not. Once commenced, Adjudication is a 28-day process, with the Adjudicator’s Decision being interim binding on both parties, and enforceable at law if necessary.

If you are owed money under a construction contract or subcontract, the likelihood is that GB CDC will be able to successfully recover payment on your behalf, either via Negotiation, GB Mediat, or using the power of Adjudication. We will firstly review the strengths of your case with you, and then agree the strategy needed to obtain your money.

In many cases we can offer a fixed fee arrangement, or even a no-win no-fee service which allows you to reduce your risk in the unlikely event that the Adjudicator does not decide in your favour.