Adjudication in the UK construction sector

The end of a love affair or a marker of success?

Why has the sector fallen out of love with adjudication? Is it because the adjudication process no longer addresses the needs of the industry or has the vision of the Latham report been substantially achieved, with the spectre of adjudication keeping paying parties honest in how they treat their supply chain?

Thank you for completing our brief questionnaire regarding adjudication in the UK construction sector. All answers provided will be anonymous.

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1. The impact of adjudication
Do you believe that the drop in adjudication in the UK construction sector is a result of:

The relevant legislation achieving its objective in creating a more honest and fair payment culture

The changing approach to project delivery

The preference for other forms of dispute resolution such as mediation or arbitration

The overall costs of adjudication

The practical realities of enforcing adjudication decisions

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2. The costs of adjudication
Is there dissatisfaction at the cost of adjudication?

The costs of adjudication are reasonable and proportionate

The overall costs of adjudication are not suitable/cost effective for low value disputes

The adjudication timeline becomes too protracted and therefore costly

Adjudicators fees have become disproportionate

Overly strategic behaviour aimed at challenging the validity of the process (e.g. jurisdiction/natural justice) escalates costs

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3. What has been the main cause of cost blow outs in respect of adjudications?

Counter adjudications which can increase cost, complexity and uncertainty (following single issue adjudications)

Lack of clarity in respect of timelines or practicalities of enforcing the adjudicator's decision

Lack of control of the process by adjudicators

Other (please specify)

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4. Adjudicator Nominating Bodies (ANBs) and the adjudicators
Which 2 statements most closely match your experience to date in liaising with adjudicators or ANBs?

ANBs nominate adjudicators speedily, efficiently and fairly

Adjudicators are appropriately qualified and experienced

Adjudicators are detached from the parties and perform their role independently and impartially

Adjudicators follow documents only procedures too often

Adjudicators' decisions generally represent a decent approximation of justice in respect of the dispute referred

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5. Do you believe that adjudicators ought to be permitted to provide dispute avoidance services (in addition to simply deciding disputes)?

Yes

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6. Do you believe that adjudicators should be permitted to decide finally upon whether they have jurisdiction?

Yes

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7. Do you believe adjudicators should hold specific qualifications?

Yes

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8. Practical realities of dispute resolution
Do you believe that the adjudication process is used in a strategic manner with the intention of obtaining an advantage?

Frequently

Rarely

Never

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9. Do you believe that commencing adjudication leads to an immediate platform for negotiation and settlement?

Frequently

Rarely

Never

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10. Do you believe that jurisdictional and natural justice arguments are normally deployed in good faith?

Frequently

Rarely

Never

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11. Please select which best describes your role within your organisation

General Counsel or member of in-house legal team

Commercial or project manager

Director or senior management

Claims consultant

Engineer or technical consultant

Barrister

Other (please specify)

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12. Please select from the below which best describes your organisation:

Employer

Main contractor

Sub-contractor

Consulting, engineering, architectural firm

Insurer

Chambers

Public sector

Other (please specify)

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13. Please select which sector best describes your day to day focus

Transport infrastructure

Social infrastructure

Energy infrastructure

Commercial or property development

Finance

Other (please specify)

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100% of survey complete.

Question Title

1. The impact of adjudicationDo you believe that the drop in adjudication in the UK construction sector is a result of:

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2. The costs of adjudicationIs there dissatisfaction at the cost of adjudication?

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3. What has been the main cause of cost blow outs in respect of adjudications?

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4. Adjudicator Nominating Bodies (ANBs) and the adjudicatorsWhich 2 statements most closely match your experience to date in liaising with adjudicators or ANBs?

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5. Do you believe that adjudicators ought to be permitted to provide dispute avoidance services (in addition to simply deciding disputes)?

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6. Do you believe that adjudicators should be permitted to decide finally upon whether they have jurisdiction?

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7. Do you believe adjudicators should hold specific qualifications?

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8. Practical realities of dispute resolutionDo you believe that the adjudication process is used in a strategic manner with the intention of obtaining an advantage?

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9. Do you believe that commencing adjudication leads to an immediate platform for negotiation and settlement?

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10. Do you believe that jurisdictional and natural justice arguments are normally deployed in good faith?

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11. Please select which best describes your role within your organisation

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12. Please select from the below which best describes your organisation:

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13. Please select which sector best describes your day to day focus

1. The impact of adjudication
Do you believe that the drop in adjudication in the UK construction sector is a result of:

2. The costs of adjudication
Is there dissatisfaction at the cost of adjudication?

4. Adjudicator Nominating Bodies (ANBs) and the adjudicators
Which 2 statements most closely match your experience to date in liaising with adjudicators or ANBs?

8. Practical realities of dispute resolution
Do you believe that the adjudication process is used in a strategic manner with the intention of obtaining an advantage?