10 Reasons to Take Adjudication Action on Construction Debts

When payment is withheld under a construction contract, court proceedings are not the only option. Adjudication offers contractors, subcontractors and construction professionals a faster and often more economical route to recovering money.

Here are 10 reasons to consider taking adjudication action through Westbury Collections:

1. Adjudication is much quicker than court proceedings

Court proceedings can take many months—and sometimes years—to reach a conclusion. Adjudication is specifically designed to resolve construction disputes quickly.

2. It is usually much cheaper than going to court

The shorter timetable and streamlined process generally mean that adjudication costs considerably less than pursuing full litigation through the courts.

3. Both parties generally bear their own professional costs

Unlike court proceedings, the losing party will not normally be ordered to pay all the winning party’s legal or professional costs. Each party usually bears its own costs, although responsibility for the adjudicator’s fees will be decided separately.

4. Westbury’s fees are lower than solicitors’ fees

Westbury Collections’ commission-based charging structure gives us a direct commercial incentive to recover your money successfully. This can make our service more affordable than instructing solicitors who charge entirely on an hourly-rate basis and have no incentive to collect the debt.

5. The adjudicator is usually a construction specialist

The adjudicator will normally be an experienced construction professional, such as a construction lawyer, quantity surveyor, engineer or architect. Your dispute is therefore considered by someone who understands construction contracts, payment procedures and industry practice.

6. The adjudicator’s decision is binding

The parties must comply with the adjudicator’s decision unless and until it is overturned or replaced through subsequent litigation, arbitration or agreement. In practice, many adjudication decisions finally resolve the dispute.

7. A decision is normally reached within 28 days

Once the dispute has been formally referred, the adjudicator will usually make a decision within 28 days. The period can be extended in certain circumstances, but adjudication remains substantially quicker than traditional court action.

8. Westbury wins approximately 80–85% of its adjudications

Based on our adjudication record, Westbury Collections achieves a successful outcome in approximately 80–85% of the adjudications we pursue. Every dispute is different and no outcome can be guaranteed, but our experience helps us identify and present strong construction claims.

9. Approximately 95% of adjudicators’ decisions can be enforced through the courts if payment is not made

If the debtor refuses to comply with the adjudicator’s decision, the decision can usually be enforced by applying to the Technology and Construction Court. Around 95% of decisions are capable of being converted into an enforceable court judgment, subject to the particular circumstances of the case and any valid grounds for resisting enforcement.

10. Interest may be added to the amount recovered

Depending on the contract, the legislation applying to the debt and the scope of the dispute referred, you may also be entitled to recover interest on the overdue amount. This can substantially increase the overall value of the claim.

Recover Your Construction Debt with Westbury Collections

If you are owed money under a construction contract, delaying action could place further pressure on your cash flow and make recovery more difficult.

Westbury Collections can review your payment application, contract, notices and supporting evidence before advising whether adjudication is the appropriate next step.

Contact Westbury Collections today for an initial discussion about your unpaid construction debt.

Every adjudication depends on its individual facts, contractual terms and supporting evidence. Previous outcomes do not guarantee the result of a future adjudication.