Kings College London Third Construction Adjudication Report

Kings College London Third Construction Adjudication Report

Headline trends from the recent report by Kings College :

  • The number of adjudication referrals received by ANBs has reached the highest level on record in the past year at 2,264;
  • Almost 20% of adjudication referrals were adjudicated using the low value or fast-track adjudication procedure (or equivalent);
  • The most common value of an adjudication claim in the past year was between £125,000 and £500,000
  • The leading causes of disputes were inadequate contract administration and lack of competence of project participants;
  • Smash-and-grab’ adjudications were the most common category of claim in the past year, according to 63% of individual respondents. They were followed by ‘true value’ (final account) adjudications (38%), ‘true value’ (interim payments) (35%), and loss and expense and/or damages for delay and/or disruption (35%);
  • 48% of questionnaire respondents stated that adjudications in the past year were typically completed within 29 and 42 days from the date of the referral notice, whereas 16% of questionnaire respondents stated that the default 28-day period under the Construction Act was the typical length of proceedings; and

https://www.kcl.ac.uk/news/kings-publishes-third-construction-adjudication-report-focusing-on-key-trends

Adjudication continues to thrive and, by and large, serve its users well. Our report highlights strengths and weaknesses of the system, with the objective of informing practice and future developments and reforms. I am grateful to The Adjudication Society, the Steering Committee, the adjudicator nominating bodies and all who contributed their valuable time to the report and look forward to a healthy and lively debate on this important method of dispute resolution in the construction industry.

Professor Renato Nazzini, co-author of the report and Director of the Centre of Construction Law & Dispute Resolution




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Helen Daley

Construction Lawyer at HLR Construction & Engineering Law - Partner at Excello - Legal Consultant at Mitie Trustee at Age UK (BwD)

2 个月

Holly O'Farrell Andrew Rimmer This is the first time I’ve come across this report. Very interesting read. Is anyone else slightly surprised at the number of Referrals? I thought it would be higher!

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"Smash-and-grab’ adjudications were the most common category of claim in the past year, according to 63% of individual respondents. They were followed by ‘true value’ (final account) adjudications (38%), ‘true value’ (interim payments) (35%), and loss and expense and/or damages for delay and/or disruption (35%)" I make that 171% of respondents! Sure there is some interesting info in the report. Hope they've corrected the errors on enforcement statistics which appeared to be contained in the 2023 report. I pointed these out to King's College but did not receive a response. https://www.dhirubhai.net/posts/robert-tustin-8177751b6_although-much-of-it-is-a-very-interesting-activity-7189713610967842816-DS8f?utm_source=share&utm_medium=member_desktop

It would be interesting to know how many times a referring party succeeds in each Catergory and what as an average the adjudicator charges for a decision in each catergory.

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