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FAQs
How can Mercantile Barristers help with construction adjudication?
Mercantile Barristers Construction Adjudication Barristers advise on construction adjudications from determining whether there is a dispute, right to make a Referral through to enforcing an adjudicator’s decision. Our barristers also advise construction dispute solicitors in complex construction adjudications to resolve the dispute as quickly and cost-effectively as possible. Our construction adjudication barristers have experience in:
- viewing construction contracts to ascertain compliance with the 1996 Act and the Scheme for Construction Contracts
- Advising on the timing to refer a dispute to adjudication
- Advising on the merits of your case
- Drafting legal submissions in Notices; Responses; Replies and Rejoinders
- Assisting in identifying the relevant evidence
- Enforcing Adjudicator Decisions
- Resisting Enforcement of Adjudicator’s Decision
- Part 8 Claims
Recovering costs of construction adjudication?
The 1996 Act initially was silent about how costs should be dealt with. However, the Local Democracy, Economic Development and Construction Act 2009 which came into force on 1 October 2011, provides that any contractual provision which attempts to allocate the costs of an adjudication (including agreements both as to the allocation of the adjudicator’s fees and expenses and agreements as to who is to bear the parties’ own costs) between the parties will be invalid, unless it is made after the adjudicator is appointed.
Therefore, each party will usually bear their own costs but the parties will be liable to pay the adjudicator a reasonable amount in respect of fees for work reasonably undertaken and expenses reasonably incurred by them. The Adjudicator will decide how their costs are shared between the parties, normally in relation to success.
