Articles

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.

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.

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.

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 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.

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.

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.

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.

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.