Construction Adjudication in the United Kingdom: Past, Present, and Future
Publication: Journal of Professional Issues in Engineering Education and Practice
Volume 134, Issue 2
Abstract
Adjudication was enacted in the Housing Grants, Construction and Regeneration Act (1996) as a means of improving payment practices in the U.K. construction industry. It is a statutory right that can be invoked unilaterally at any time on a construction contract that is in writing and is a quick and usually inexpensive alternative to arbitration or litigation covering all manner of disputes. Construction adjudication has developed from zero in 1998 to 2,000 cases in the year 2002 reducing to about 1,500 cases per annum currently. Construction adjudication produces a decision that is “temporarily binding” and will be enforced by the courts until the substantive issues in dispute are resolved by litigation, arbitration, or agreement. The principles of natural justice apply but the courts apply them pragmatically because of the statutory time scales. The adjudicator may get the decision wrong. The courts will still enforce the Decision. A dispute must exist for adjudication to be invoked. A governmental review of the Act has resulted in recommendations including extending adjudication to oral contracts.
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© 2008 ASCE.
History
Received: Apr 4, 2007
Accepted: Aug 27, 2007
Published online: Apr 1, 2008
Published in print: Apr 2008
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Christopher Dancaster
Chartered Quantity Surveyor, Chartered Arbitrator, Junior Warden Worshipful Company of Arbitrators; formerly, President, Society of Construction Arbitrators; Chairman, Dispute Resolution Faculty, Royal Institution of Chartered Surveyors.
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