PJ English Associates

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Adjudication

PJ English, Adjunction

"Adjudication is a statutory procedure by which means any party to a construction contract has the right to enter a dispute, under that contract, and have the outcome decided by an adjudicator."

The Adjudication procedure is a cost effective and speedy (usually 28 days) method of reaching a temporary but binding decision in a contractual dispute.

This enables work on a project to continue whilst a decision is being reached by the Adjudication thus avoiding unnecessary and costly delays. However, there is also provision for a disputing party to leave the project, subject to seven days notice, until the dispute has been settled.

Disputes are usually concerned with lack of payment. However, any part of a contract can be subject to a disagreement and adjudication may be the way forward to resolving disputes arising from delays, valuation of work, variations, defective work etc.

The adjudicator will only deal with the specific point of dispute under the contract, and will only reach his decision based on the evidence presented to him.

This puts all parties involved in a dispute under pressure to substantiate their claims. The Adjudicators decision is binding on both party's until finally agreed by Litigation or Arbitration and, unless there are extenuating circumstances, will be upheld by the Courts.


You can rest assured that, with our expertise in all areas of the construction disciplines P J English Associates can work with you to prepare for your dispute.

We can prepare pleadings, schedules, and action issue of notice and also manage the adjudication proceedings on your behalf.

P J English Associates have invested heavily in the latest IT technology. Our programmes will allow us to provide you with a predicted cost for your dispute. You will be regularly updated of the ongoing costs and variations to the predicted costs so that the financial aspects of your dispute can be monitored and remain in your control.

P J English Associates are experienced in enforcing the Adjudicators Decision, by applying for summary judgement, should one of the party's involved fail to make an agreed payment.

What Next?

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