Articles

John Goldie explores two less familiar payment issues that can prove decisive in adjudication: how payment periods are calculated where the contract is silent, and whether an application can become a default payment notice when the Scheme supplies the payment terms. The practical message is simple: identify the contractual timetable carefully and serve notices early.

Gaurav Sarin assesses where artificial intelligence may assist statutory adjudication and where its use creates unacceptable legal risk. AI may support disclosure, research and drafting, but concerns about accuracy, confidentiality, bias, accountability and natural justice mean that human oversight remains essential and an AI system cannot safely replace the adjudicator.

This summary by Neil Forte reviews the first detailed High Court guidance on Building Liability Orders under the Building Safety Act 2022. The Court confirmed that an adjudicator’s award may constitute a relevant liability, that anticipatory orders are available, and that associated companies may be made jointly and severally liable where it is just and equitable.

Using Vision Construction v Gypcraft, Craig Halliday considers whether a late payment notice can be recast retrospectively as a pay less notice. The Court’s rejection of that argument reinforces the need to label, calculate and serve payment notices correctly and within the contractual timetable.

This case note on Premier Modular Ltd v Maidstone and Tunbridge Wells NHS Trust 2026 examines the TCC’s refusal to enforce an adjudication award after the adjudicator decided the central issue on a basis neither party had advanced. It is a clear reminder that a decisive new point must be put to the parties before it is adopted.

Jonathan Cope and Matthew Molloy bring together around 150 blogs written over eighteen years at the forefront of construction dispute resolution. Practical, accessible and often humorous, the collection combines important case law with first-hand insight into adjudication procedure, jurisdiction, natural justice and enforcement.

A straightforward measurement dispute became mired in jurisdictional arguments, evidential issues and rising costs before the parties settled it themselves. The article asks whether adjudication is sometimes used too quickly, when direct commercial engagement could produce a faster and more proportionate result.

Carly Thorpe’s quarterly update highlights recent and forthcoming activity across the Society’s regions, including legal updates, conferences, practical adjudication events and networking opportunities. It also invites members to support developing regional committees, with current opportunities in Yorkshire and the North East.

This article by Seamus Cram considers the growing role of adjudication in building safety disputes. Drawing on recent decisions concerning voluntary remediation costs and Building Liability Orders, it explains how adjudication is becoming an increasingly important route for pursuing historic defects and enforcing Building Safety Act liabilities.

Dean Sayers considers whether an assignee of contractual rights should be entitled to adjudicate under a construction contract and exploring the legal and policy implications arising from the Paragon Group v FK Facades decision.

Kirsten Beckett reports on a mock adjudication event held on 20 January 2026 at 4 New Square with roles played by Mark Mills of JS Held, Claire King of Fenwick Elliott and Doug James of 4 New Square.

Seán Bradley considers why the NEC4 deemed acceptance mechanism might fail to deliver practical or commercial benefit to contractors despite its intended purpose of ensuring timely assessment of compensation events.

Philip Fidler and Andrew Singer KC examine the tension between ‘notified sum’ payment obligations under the Construction Act and the traditional position on set-off in adjudication.

Priya Kales reports on this event held on 21 January 2026 that considered the most pressing issues affecting adjudication of disputes under the NEC forms of contract.

Tim Willis analyses how the Construction Act may have altered the intended operation of NEC4 dispute resolution.

Matthew Bromilow and Steven Hawyard of HCR Law have prepared a case note on Vision Construct v Gypcraft focussing on the importance of strict compliance with payment notice regimes and the courts’ emphasis on clarity, commercial common sense and the limited scope for technical or estoppel-based challenges in adjudication.

Trevor Drury summarises the discussion at a joint event with the Chartered Institute of Building on !8 February 2026 in Bristol

Peter Gracia reflects on current trends and challenges in construction adjudication, highlighting increasing complexity, issues with expert evidence and submissions and emerging risks associated with the use of AI in dispute resolution.

Craig Halliday examines the ICE’s new Payment Notice Dispute Model Adjudication Procedure as a cost‑capped, streamlined approach to ‘smash and grab’ adjudications and its potential to reduce duplication of costs and act as a model for wider reform.

Roy Pickavance reflects on the use of AI as a learning tool in adjudication and examining the debate around age, competence and a mandatory retirement age for adjudicators.