CLC has successfully litigated on behalf of a group of investors in fractional development schemes for apartment blocks. We accept instructions from our instructing solicitors and local authorities on building and construction disputes, professional negligence against construction professionals and leasehold dilapidations.
CLC has been involved in a battle to prevent equitable liens from being overreached during an insolvency process concerning an incomplete building by the freeholder.
Adjudication involves an independent third party considering the claims of both sides and making a decision.
In practice relatively few adjudicated decisions are subsequently referred to litigation or arbitration, and most are accepted as final by the parties. Adjudication has been a method of dispute resolution used in the UK construction industry for many years. In certain circumstances there is a statutory right to adjudicate (the UK Housing Grants, Construction and Regeneration Act 1996) whereby any party to a construction contract (as defined in the 1996 Act) has a right to have any dispute decided at any time by an adjudicator. Adjudication is a quick process and under the statutory adjudication provisions the adjudicator has 28 days from appointment to reach a decision. The decision can be enforced by summary judgment through the courts.
Arbitration is a private system of dispute resolution which requires an agreement to arbitrate by the parties and provides for the fair resolution of disputes by an impartial tribunal. Arbitration enables the parties relative autonomy to agree the procedure by which they resolve their dispute although they often adopt the rules of procedure of an international arbitration institution. It is confidential but follows a similar process to a court hearing and delivers an enforceable award which is final and binding, typically with very limited rights of appeal.
Department for Business Innovation and Skills DBIS: https://www.gov.uk/government/groups/bis-construction-sector-team
Institution of Civil Engineers (ICE): www.ice.org.uk/About-ICE/What-we-do/Dispute-resolution
Construction Industry Council (CIC): http://cic.org.uk/services/adjudications.php
Royal Institution of Chartered Surveyors (RICS): http://www.rics.org/Global/Toolkit%20Adjudication.pdf