The world of construction dispute resolution is proving to be very adaptable at coping with the restrictions caused by covid-19. The Technology and Construction Court (TCC) continues to hold hearings, including trials. These are carried out remotely using Skype for Business. Participants may be sitting in their own homes but they are required to dress as they would in court.

Meanwhile, mediations are going ahead via Zoom or similar methods. The mediator is able to place attendees into separate “rooms” in the same way that he or she would usually do in person. The absence of face-to-face interaction, often so important in gauging people’s responses, is a disadvantage. However, the general feedback from these mediations seems to be positive.

Courts and adjudicators will inevitably be faced with requests from parties to be allowed more time, due to covid-19 issues. For adjudicators, the Construction Act in effect places limits on their power to extend time for the decision, unless the parties agree. However, the real battles over time tend to be fought where a date for the decision has been set and the argument is then about how the available time is to be carved up. Here, adjudicators have wide discretion. Cases tend to depend on their facts.

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