Regulated by RICS
Construction Adjudication Representation
We can assist with:
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Payment disputes
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Final account disputes
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Variations and valuations
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Extension of time claims
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Loss and expense claims
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NEC contract disputes
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JCT contract disputes
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Smash and grab adjudications
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True value adjudications
Whether you are pursuing a construction claim or defending an adjudication commenced against you, SUM ADR provides expert adjudication representation for contractors, subcontractors, developers and employers throughout England and Wales.
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With over 20 years' experience in construction disputes, our directors have acted for parties in a wide range of adjudications involving payment disputes, final accounts, variations, extensions of time, loss and expense claims and contractual disputes.
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As practising RICS-accredited adjudicators, we understand what adjudicators look for when assessing the evidence and submissions presented to them.
Why choose Sum ADR?
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20+ years' experience working in construction adjudication and disputes
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Qualified and experienced in construction law
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RICS-accredited adjudicators
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NEC and JCT expertise
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Contractor, subcontractor and employer representation
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A Director-led service
Types of Disputes we handle
​We can handle a variety of different disputes, however the main types are:
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Payment disputes
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Final account disputes
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Variations / Changes
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Extensions of time
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Loss and expense
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'Smash & grab' disputes
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True value disputes
How We Can Help
Before Adjudication
We will review your contract, so that we can advise you on your rights and obligations; we will also review your claim, and can advise on any improvements required. Also, we will advise you on the best strategy for you to take to achieve your desired outcome.
During Adjudication
As experienced practitioners, you can rely on us to draft your Notice of Adjudication correctly, and to present your case robustly in the Referral. We will manage the whole process for you, from start to finish, in a cost-effective manner.
After Adjudication
Following the Adjudicator's Decision, if it is not complied with, we can ensure you get the Decision enforced - we have good relationships with construction solicitors and barristers to take the matter to Court for enforcement, if required, and we will manage this step for you also.
Frequently Asked Questions
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What is (statutory) construction Adjudication?
Construction Adjudication is a process which is available to parties in the construction industry and it is available via statute, namely "The Construction Act" or to give it is full title, Part II of the Housing Grants, Construction and Regeneration Act 1996 as amended by the Local Democracy, Economic Development and Construction Act 2009. Conventionally speaking, the proceedings in most adjudications are conducted under the separate provisions of another piece of legislation, referred to at "The Scheme", or again, by its full title of the Schedule to the Scheme for Construction Contracts (England and Wales) Regulations 1998 incorporating the Amendment (England) Regulations 2011.
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Check your contract!
Section 108 of the Construction Act gives parties a 'statutory' right to adjudication (if your contract fits certain criteria), but parties are free to agree a contractual right to adjudicate also. It is always worth checking to see whether your contract (/subcontract) has an adjudication clause or not, and consider whether you want one i.e. to ensure the right is clearly stated.
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Do you - or the other party - have the right to adjudicate?
On some occasions, we have found that parties have been under the impression they had the right to adjudicate, not realising that in certain circumstances, the right does not exist!
This issue (or problem) is due to the way the Construction Act (see sections 104 & 105) defines "construction contracts" and further, the "construction operations" which are undertaken under such contracts. Certain operations are excluded, and therefore not covered by the Construction Act. Furthermore, section 106 of the Construction Act excludes "residential occupiers" - hence, disputes involving small builders and homeowners are generally not referrable.
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How long does Adjudication take?
This is probably the question we get asked the most by those who are considering referring a dispute to adjudication; to try and answer this question, we have produced the following flow chart to illustrate a typical adjudication process:
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The Notice of Adjudication - the Key
The most important document in any adjudication is the "Notice of Adjudication" or what may also be called the 'notice of intention to refer a dispute to adjudication'. To commence any Adjudication, you must give the other party a Notice of Adjudication. As mentioned, this is a crucial document, and it is extremely important that you get it right, if you are to succeed! An Adjudicator's jurisdiction is set by the Notice of Adjudication, and should you not correctly draft your Notice, your case will probably fail due to a technicality.
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What is a "smash & grab" adjudication?
This type of adjudication relates to the payment provisions, and rights which were introduced via the amendments made to the Construction Act in 2011. In accordance with section 111 of the Construction Act, "the payer must pay the notified sum...", i.e. the amount stated as due in the relevant payment notice. Construction contracts must comply with the payment provisions of the Construction Act, even if parties are not aware, or even if their contract says something different.
It conventionally arises as follows:
If the contract “permits or requires” a payee notice (or Payment Application as we would say) then this becomes a “default payee’s notice” in waiting, as per section 110B(4) of the Construction Act.
If the Payer fails to give a valid Payment Notice and also fails to give a Pay Less Notice, then they must pay the “notified sum” as stated in the Payment Application. The question of whether the sum is “correct” or fair/reasonable does not come into it!
The Payer gets two chances to determine the payment due (which could be £nil) – if they fail they only have themselves to blame! This is often referred to as the principle of “Pay now, argue later”.
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What is a "true value" adjudication?
"True value" adjudication is the other major type of adjudication most commonly seen - this term refers to a more typical commercial dispute scenario, wherein you might find that the parties disagree over the value of the final account, or the value of certain variations, or a loss/expense claim etc.
Of course sometimes, disputes regarding money actually are heavily dependant upon a dispute regarding "time" - if there are overruns on a contract, who is at fault?
At Sum ADR, we have the experience and expertise to assist with such matters, and get to the heart of the issues.
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How much does Adjudication cost?
Other than 'how long?' this is the question we get asked the most by those who are considering referring a dispute to adjudication; the answer of course is 'it depends' - how large or complex is the dispute? (for example).
What we can promise you is that if you would like us to act as your Party Representative, we will be transparent with you regarding our fees, we will give you a reasonable fee estimate, and we will keep you informed at all times.
We pride ourselves on providing value for our services, and we think it is important that our fees are proportionate to the value of the dispute (for example), without compromising on the quality of our service.
To learn more, visit our dedicated resource page - What is construction adjudication?
