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Articles

Articles in the Spring 2026 Newsletter

Displaying 17 items

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.

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.

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.

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.

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.

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.

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

Carly Thorpe provides an update on events and news from the Society’s regional committees.

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.

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.

Jennifer Jones KC provides a note on the case law update she gave on 15 January 2026 with Nicholas Maciolek and Sheriar Khan, Atkin Chambers.

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.

Nigel Ribbands explores conflicting case law on an adjudicator’s power to decide threshold or substantive jurisdiction under the Scheme, highlighting the resulting uncertainty and the need for appellate clarification.

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

Matthew Bromilow and Steven Hawyard of HCR Law have prepared a case note on Construction Muzzy v Davis Construction focussing on the robust enforcement of adjudicators’ decisions and clarifying the limits of ‘natural justice’, ‘substantially the same’ disputes and predetermination challenges in adjudication.

[2025] EWHC 3304 (TCC)
Key terms:
Adjudicators’ decisions; Enforcement; Natural justice
[2025] EWHC 2651 (TCC)
Key terms:
Adjudicators' decisions; Crystallisation; Jurisdiction; Parties; Summary judgments