Representation in Adjudication

Adjudication is a 28-day dispute resolution process that results in a temporarily binding decision from a neutral third party.

If your construction contract is located in the UK or Ireland, the chances are you can use adjudication to resolve any disputes arising under that contract in a low cost and time efficient manner.   The definition of a construction contract is very broad and includes the likes of contracts for: construction, refurbishment, repair, maintenance, demolition, M&E, fire protection, scaffolding, landscaping, painting, decorating, labour only, architectural services, design work, surveying and professional advice on building or engineering. 

Experts in Adjudication Representation

We have represented parties in 100’s of adjudications, so we have great institutional knowledge of the process and how to utilise it effectively.  Our director and lead consultant William Brown is also a practicing adjudicator.  This enables our team to draft submissions that frame our clients’ position in the most convincing way possible.

What makes Fortfield & Brown different to other firms is the fact that our team are dual qualified construction and legal professionals.  This enables our team to quickly understand the technical and legal points of the dispute, which in turn ensures that the tight timeframes associated with adjudication are met without compromising on the quality of the arguments.

Services we offer to the Referring Party

“Referring Party” is the term used to describe the party who starts the adjudication, which is normally the party seeking payment.

Our services include:

• Reviewing the merits of the Referring Party’s claim and if required providing a legal opinion on same to allow senior management to consider next steps on a commercial basis
• Providing strategic advice on ways of potentially avoiding adjudication including via negotiation and/or mediation
• Writing to the Responding Party to crystallise a dispute prior to adjudication
• Drafting of legal arguments and presentation of evidence
• Seeking the appointment of an adjudicator via an adjudicator nominating body or by attempting to agree on a suitable adjudicator with the Responding Party
• Responding to any jurisdictional challenges made by the Responding Party
• Drafting all adjudication submissions including the Notice of Adjudication, Referral Notice, Reply and any other submissions directed by the adjudicator

Services we offer to the Responding Party

“Responding Party” is the term used to describe the party who is on the receiving end of an adjudication, which is normally the party who says payment is not due.

Our services include:

• Raising jurisdictional challenges in the event that the adjudicator appointment process has not been followed and/or in the event that that natural justice is not being achieved
• Reviewing the merits of the Referring Party’s claim and if required providing a legal opinion on same to allow senior management to consider next steps on a commercial basis
• Providing strategic advice on ways of potentially stopping or pausing the adjudication to facilitate a negotiation and/or mediation
• Drafting counterclaims in the event that money is owed by the Referring Party
• Drafting all adjudication submissions including the Response to the Referral Notice and any other submissions directed by the adjudicator

If you are a Responding Party and have received a “notice of adjudication”, you must react to it quickly.  You are already on the clock.  Please get in touch with our team via the contact us page as soon as possible.  If the notice of adjudication seeks payment by default because you allegedly failed to issue a payment notice and/or pay less notice, we recommend reading our note on smash and grab adjudications.