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ARTICLE · 15 SEPTEMBER 2008

Adjudication: How Detailed Must A Claim Be?

Payment disputes often arise in the construction industry where claims are made with little or no supporting detail.

United KingdomLitigation, Mediation & Arbitration
Aidan Steensma
Aidan Steensma

Payment disputes often arise in the construction industry where claims are made with little or no supporting detail. If the dispute turns into an adjudication, a respondent will often cry foul and complain that the claim was so nebulous and ill-defined that a "dispute" had not arisen. Despite arguments over "nebulous and ill-defined" claims being made in adjudications, there was until very recently no court authority on how detailed or defined a claim must be before it can be adjudicated.

VGC Construction fell into dispute with Jackson Civil Engineering over its final account. The disputed payment application contained a line item for £300,000 entitled "delay and disruption" without any further detail. The dispute was adjudicated and a decision was made in favour of VGC.

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