ABSTRACT

Adjudication is a procedure for obtaining a quick and impartial decision on a construction dispute. Construction contracts, as defined by the Housing Grants, Construction and Regeneration Act 1996 (HGCRA), must give the parties to the contract the right to refer dispute to adjudication. Dispute resolution is a multibillion-pound sub-industry in the built environment sector. The most recent developments in dispute resolution have involved hybrid techniques. These techniques combine mediation on one hand and arbitration or adjudication on the other. Lawyers are regularly vilified for their parasitical role and aggravation of difficult situations. Adjudication is nevertheless a popular procedure in the construction industry and parties often accept the adjudicator's decision and do not seek to challenge it by subsequent litigation or arbitration. Adjudication has been well received by the construction industry. Subcontractors benefit most from adjudication in terms of securing disputed payments.