£20M Construction Adjudication Expertise | Enforcing Awards via Gibraltar Supreme Court

Fast, Enforceable Resolutions for Developers and Contractors under the Construction Act & Scheme.

 

I have recently completed three multi million pound Construction Adjudications (JCT Contract) (£20 million), as well as the enforcement of an award via the Supreme Court of Gibraltar. 

 

Adjudication is a statutory creation. In England and Wales, it is the Housing Grants, Construction and Regeneration Act ("Construction Act") and the Scheme for Construction Contracts Regulations ("Scheme") which create a process for adjudication. In Gibraltar there is no such equivalent. This means that developers and construction professionals will be subject to the Construction Act and Scheme in the event of a dispute.

 

The benefits of Adjudication are clear; it is a process which will normally take 28 days from start to finish (although this can be extended by agreement in complicated and final award adjudications) and results in a decision which can be enforced at the Supreme Court. This allows for disputes to be determined quickly and does not necessarily negatively impact the parties' relationship or the ability to complete the works in a reasonable timeframe. It also allows a dispute to be referred to by one party. 

 

Another benefit is that the Adjudicator will be appointed according to the subject matter of the dispute, e.g. a quantity surveyor, engineer or other construction professional and are usually also dual qualified as lawyers. 

 

The Adjudications I was instructed on related to entitlement to Interim Payments and a Final Valuation adjudication. 

 

If I had to give two pieces of advice to parties engaged in construction contracts, they would be as follows. 

 

Firstly, be very familiar with the wording of the contract. Clauses are of utmost importance and for example missing a Payment Application deadline (the "Interim Valuation Date") will mean losing your right to immediate payment, no matter the merit of the work done. 

 

The second is the importance of getting an expert who is unbiased and will not assume the role of advocate. An experienced adjudicator will see through "hired guns" who argue their client's case. 

 

If you're in construction and need guidance on adjudication or dispute resolution, reach out today:

 

Nicholas Gomez
Barrister, Charles Gomez & Co.
📞 200 74998 | ✉️ nick@gomezco.gi🏛️ 5 Secretary's Lane, Gibraltar