Spencer is a direct access barrister providing a fixed fee adjudication service for £4,500 (plus VAT).
What is Adjudication?
Adjudication has brought about a sea-change in the way many construction companies resolve their disputes. Companies that have a construction contract can submit their disputes to an adjudicator. The precise form of the adjudication is determined either by the Housing Grants Construction and Regeneration Act 1996 or the contract.
The disputes are resolved by referring them to an adjudicator who is normally an independent, experienced construction lawyer or professional. After referral the adjudication process normally takes 28 days. The adjudication procedure normally takes the form of submitting written arguments together with evidence to the adjudicator. The adjudicators then makes his or her decision which is, in most circumstances, binding on the parties and enforceable in court.
Although this speedy resolution can be beneficial for cashflow and can help to prevent disputes delaying work on site parties must act quickly and effectively in order to meet the strict timetables that are normally imposed. For instance, the responding party is normally required to respond within 7 days (although it should have had notice that a party was seeking a referral before the matter is actually referred). If you have received a notice it is important that you seek advice immediately so that you can submit a fully reasoned response in time.
What is included in the Fixed Fee Adjudication Service?
If you want to refer a matter to adjudication the fixed fee is available for disputes with a value up to £100,000 (including VAT) and includes:
- Drafting a notice of adjudication
- Drafting a referral notice;
- Drafting a reply (if required);
- reviewing up to 4 witness statements and any reports prepared by experts;
- representation at a one day oral hearing (if required);
- reviewing correspondence with the other party and the adjudicator.
If you are responding to an adjudication referral the fixed fee is available for disputes with a value up to £100,000 (including VAT) and includes:
- drafting a notice of response
- drafting a rejoinder (if required)
- reviewing up to 4 witness statements and any reports prepared by experts;
- reviewing up to 4 witness statements and any reports prepared by experts;
- representation at a one day oral hearing (if required);
- reviewing correspondence with the other party and the adjudicator.
Instructing a Direct Access Barrister
The time limits for responding to a notice of adjudication can be very short. You should seek help as soon as possible after you receive a notice to allow your representative sufficient time to put together an adequate reply. If Spencer is not able to help you because of his workload he can refer you to a competent lawyer who will be able to help.
To find out more about Spencer you can look at the information on this website here or visit his profile at Old Square Chambers here. Alternatively please feel free to contact him for an informal discussion on 07717721204.
