Alternative Dispute Resolution - The Preferred Option In The UK Construction Industry

Anthony Philpott MCIArb, Legal Counsel, Bovis Lend Lease Ltd, UK (from 1998 to 2009)

Alternative Dispute Resolution in its various forms is the preferred option for resolving disputes in the UK Construction Industry and Adjudication in particular brings a swift outcome to the parties. My experience of construction disputes is that often there is fault to be found on both sides, a recognition of which, coupled with the scale of costs that are to be incurred, can foster a spirit of compromise towards an amicable settlement. Legislation enables the parties to Adjudicate “at any time”, and this entitlement is written into the building contract so that if this right is fettered in any way the dispute resolution procedure will become unenforceable.