Jurisdiction(s):
United Kingdom

Post-decision strategy in construction disputes: immediate steps, correction windows, appeals, challenges, stays and resisting enforcement across adjudication, arbitration, dispute boards, expert determination and TCC litigation (England and Wales)

Published by a LexisNexis Construction expert

Practice notes

Construction dispute resolution

Construction dispute resolution features layered, fast‑tracked processes, interim decisions with binding effect, and a pronounced policy drive to keep cash moving throughout projects. The core interim tools on projects—statutory adjudication and dispute boards, including those found in standard forms such as FIDIC—are intentionally built to yield determinations that bind even if mistaken in law, fact or technical assessment. By opting for these routes, the parties accept allocation of risk as to both result and potential error. The bargain, underpinned by statute and judicial approach, is that speed, certainty and procedural economy outrank perfection on the merits, with mistakes corrected, if at all, only through tightly limited avenues, until the matter proceeds to final determination. Consequently, the room for appeal, challenge, or resistance to enforcing interim binding outcomes is purposefully constrained. True merits appeals are typically reserved for court proceedings and certain arbitral contexts, at the final stage, and many objections surface only when enforcement of an interim decision is sought. Courts and tribunals treat post‑decision attacks in construction disputes with steady pragmatism. In the Technology and Construction Court (TCC), adjudicator’s decisions are upheld robustly with enforcement resisted only on narrowly defined grounds and objections viewed with consistent pragmatism by...

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Web page updated on 21/05/2026

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