If you are involved in a construction dispute, it is essential to obtain prompt, expert legal advice to protect your position and secure payment or defend a claim.
We provide specialist representation to contractors, subcontractors, developers, and construction professionals across England and Wales, supporting clients through adjudication proceedings under the Housing Grants, Construction and Regeneration Act 1996. Our experience enables clients to resolve disputes quickly and cost-effectively while protecting their commercial interests.
Initial Discussion – Call Now
Contact our lawyers by calling us on 0203 987 0222 or complete our enquiry form and one of our team will call you back.
Confidential, Expert Advice
Construction adjudication is a fast-paced and technical dispute resolution process. Early legal involvement allows us to assess the merits of a claim, prepare robust submissions, and manage the process strategically to maximise the prospects of success.
Adjudication decisions are temporarily binding and enforceable, making it critical to present a clear, well-supported case within strict deadlines. We work closely with clients to ensure evidence, payment notices, and contractual documentation are properly prepared and presented.
For over 20 years, Culbert Ellis has advised clients across the construction sector on disputes of all sizes, guiding them through adjudication, enforcement, and related proceedings.
We advise at all stages, including preparing and responding to adjudication notices, referral notices, jurisdictional challenges, and enforcement actions.
Types of Construction Adjudication Matters We Handle
We act for clients in a wide range of construction adjudication matters, including:
Every dispute is different, requiring a tailored legal strategy that reflects the contractual position, evidence available, and commercial objectives of the client.
Smash and Grab Adjudication
Smash and grab adjudications arise where a paying party has failed to serve a valid payment notice or pay less notice within the required timeframes. In these circumstances, the notified sum may become due in full, regardless of the true value of the works.
We advise both claimants and responding parties in smash and grab adjudications. For claimants, we prepare and pursue claims to recover unpaid notified sums swiftly and effectively. For respondents, we assess whether there are valid jurisdictional or procedural defences and advise on options to mitigate exposure, including subsequent true value adjudications.
Given the strict statutory requirements and developing case law in this area, early legal advice is essential to protect your position and avoid costly mistakes.
Structuring and Managing Adjudication Proceedings
Adjudication requires careful preparation and strategic presentation. At Culbert Ellis, we review the contractual framework, payment mechanisms, notices, and supporting evidence to build a clear and persuasive case.
We work proactively to ensure submissions are comprehensive, well-structured, and delivered within the tight statutory timetable. Our approach helps minimise risk, avoid procedural challenges, and maximise the likelihood of a favourable decision.
Understanding the Legal Process
Construction adjudication typically begins with a notice of adjudication, followed by the appointment of an adjudicator and service of the referral notice. The responding party then has a limited period to serve its response, with further submissions sometimes permitted.
The adjudicator will usually issue a decision within 28 days of the referral, subject to extensions. That decision is binding on an interim basis and can be enforced through the courts if necessary.
Our team ensures clients are supported throughout each stage and fully understand their legal and commercial position.
Initial Discussion – Call Now
Contact our lawyers by calling 0203 987 0222 or complete our enquiry form.
Contact our lawyers by calling us on 0203 987 0222 or complete our enquiry form and one of our team will call you back.
Construction Solicitor & Managing Director
Mark is our Managing Director and has been advising clients on dispute resolution and litigation for over 28 years. He heads the firm’s litigation team and has extensive experience handling complex commercial disputes, including construction disputes and adjudication proceedings.
Mark advises clients on contentious matters arising from contractual disputes, project disagreements, and high value commercial litigation. He has particular experience in construction adjudication, including payment disputes and smash and grab adjudications, acting for both claimants and responding parties. His approach focuses on strategic resolution through negotiation, alternative dispute resolution, and court proceedings where necessary. He has acted for corporate clients and high profile individuals in large scale and complex disputes and brings a commercially focused perspective to every case.
Mark’s principal areas of practice include construction disputes, including adjudication, contract disputes, arbitration, and litigation. He is an experienced mediator accredited by ADR Group and is known for his pragmatic and strategic approach to resolving complex disputes while protecting clients’ commercial interests.
Solicitor & Senior Associate
Jamie Short is a Senior Associate at Culbert Ellis, where he also heads the Cambridge office. He began his legal career at a respected city firm, gaining a strong foundation in handling a wide range of disputes for multinational companies and high-net-worth individuals.
At Culbert Ellis, Jamie focuses on construction adjudication and related construction disputes, including payment disputes, defective works claims, contractual disputes, delays to construction projects, and professional negligence matters. He advises developers, contractors, subcontractors, consultants, and private clients on a broad range of contentious construction issues, helping clients achieve practical and commercially focused resolutions.
As head of the Cambridge office, Jamie is committed to understanding each client’s specific needs. His approach is characterised by thorough preparation, calm reasoning, and careful attention to detail. This client-focused and adaptable approach ensures that construction adjudication matters and disputes are managed efficiently while protecting clients’ commercial interests and project objectives.
With extensive experience in construction adjudication, our team has a strong track record of achieving swift, commercially effective outcomes.
If you would like to speak to our team about your circumstances, please fill in your details and we will get back to you.
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