Arbitration is available to parties to a written building or construction contract if, as will normally be the case, there is a clause within the contract for the parties to go to go to arbitration in the event that a dispute arises between them. Disputes could be a about a whole variety of matters but commonly include disagreement as to the interpretation of a clause on the contract, loss and expense claims, issues about defects in the quality of workmanship or materials supplied and delays in completion.

The arbitration process is subject to strict notices and timings and the Arbitrator’s decision is binding, subject to matters of law.

Introduced in 1998 by the Housing Grants, Construction and Regeneration Act 1996 as an alternative to court proceedings, adjudication offers a quick, straightforward and relatively informal way of resolving disputes arising out of construction contracts. Adjudication is an attractive option to many and the decision is binding unless and until challenged by an application to the court or arbitration.

Given the practical issues surrounding both arbitration and adjudication, expert advice and representation is often essential.

For advice on Building Arbitration & Adjudication please contact:

Paul Addison on 01934 637 909 e-mail addison@powellslaw.com, or
Rabina Ahmed on 01934 637 913 e-mail ahmed@powellslaw.com.