Adjudication

TeCSA has been at the heart of the development of statutory adjudication since its introduction in 1996. It produced the first set of compliant adjudication rules. It was active in lobbying government on the nature and form of both the primary and secondary legislation and advised both government and industry bodies in connection with the recent review of its operation.

TeCSA provides a broad service to its members and their clients for adjudication in many ways:
It has its own Adjudication Rules (currently version 3.2.1) that can be used in place of the adjudication rules in the Government Scheme for Construction Contracts.

It maintains a multi-disciplinary list of adjudicators, many of whom are TeCSA trained, from which the Chairman makes appointments.

Please note all applications for nomination of an adjudicator should be sent to the current Chairman of TeCSA using the correct FORM

William Gard

tecsa@burges-salmon.com
at c/o Burges Salmon LLP, One Glass Wharf, Bristol  BS2 0ZX

A word on Adjudication

Adjudication under the Housing Grants, Construction and Regeneration Act 1996 (as amended by the Local Democracy, Economic Development and. Construction Act 2009) has for the past 13 years or more been the predominant means of deciding ‘first tier’ disputes in the construction industry. Correspondingly, it has become an important part of the practice of construction solicitors.

When is adjudication not suitable?
Adjudication is unlikely to help you if you wish to retain control over the solution to your particular dispute.

How is it different from mediation?
In mediation, a neutral facilitator works with the parties to assist them to reach their own solution. An adjudicator is usually an industry specialist professional who makes legal and technical decisions on the dispute which are generally binding on the parties. He decides rather than resolves argument.

How is it different from arbitration?
The aim of adjudication is to decide disputed issues in order to enable work to continue (either indefinitely or while awaiting the decision of a judge or arbitrator). Arbitration is a more formal process, and the arbitrator’s decision is legally binding. 

For further information regarding TeCSA’s adjudication services, please contact:
Simon Tolson: stolson@fenwickelliott.com or
Suzanne Reeves: sreeves@wedlakebell.com