Construction Adjudication

Looking for help with a construction adjudication matter?

The law governing the resolution of construction disputes in England and Wales changed in May 1998 when the Housing Grants, Construction and Regeneration Act 1996 came into force.

The 1996 Act introduced the concept of mandatory resolution of construction disputes by way of Adjudication. In layman’s terms this gives parties involved the right to refer a dispute to Adjudication at any point in time. Our barristers have decades of experience dealing with construction and engineering contract disputes through the adjudicative process. Selected members of the team are also trained adjudicators by the Chartered Institute of Arbitrators.

SPECIALIST CONSTRUCTION ADJUDICATION
At Mercantile Barristers, our barristers are specialists in conducting construction and engineering contract disputes in adjudication. Given the real and practical issues of delay and disruption of the construction programme, assessment of the quality, quantity and valuation of the completed works; together with the associated losses and expenses that arise in adjudications, our barristers with combined experience in Quantity Surveying, Construction Project Management and as Counsel, have an unparalleled ability to speedily and comprehensively master the issues.

Our members at Mercantile Barristers are Public Access Trained and are happy to be consulted by and accept instructions directly from professionals and discerning private clients at any time (for direct access barristers). To book a consultation with one of our Direct Access Barristers in London please call us and speak to our clerks who will find the best-placed barrister for you.

WORKING WITH BARRISTERS BEFORE 2004

Historically, barristers in England & Wales could only accept instructions from solicitors and could not be consulted directly by members of the public. Barristers were considered to be too expert and too specialist to deal directly with lay clients.

It was left to a solicitor to first determine whether the legal problem that has arisen required the involvement of the expert barrister. If so, it was only the solicitor that could instruct the expert barrister on behalf of the lay client. Using a medical analogy, it is akin to having to see your GP before being referred to the Specialist Consultant.

NO ISSUES WITH DIRECT ACCESS BARRISTERS METHOD

In this traditional mode of operation the lay client continues to pay for his solicitor while also paying for his expert barrister. While this has always been the case, it is unnecessary in certain modern circumstances and inevitably commercial pressures and modernity has brought a change. Professionals such as company directors, agents, architects, surveyors, construction engineers and other specialist consultants may not require hand-holding by a solicitor in order to consult the expert barrister about their case.

ADVANTAGES OF INSTRUCTING DIRECT ACCESS BARRISTERS

A change in the law in 2004 allowed barristers, who have undertaken additional training, to advise clients without the need for a solicitor and listed below are some of the reasons why it is advantageous to instruct a direct access barrister.

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TESTIMOMIALS

Have Found Mercantile, To Be Honest, Diligent And Willing To Go The Extra Mile With Their Advice.
Linda S