Those drafting construction contracts can select from a range of established dispute resolution procedures to suit all projects and budgets. They might simply include a right to adjudicate or require parties to work through a sequence of resolution procedures. Some processes might be conducted simultaneously (say, mediation with litigation) – but they are rarely carried out by the same individual.  

The dispute resolution approach that cropped up in Beach Homes Ltd vs Hazell and Another [2018] EWHC 1847 (TCC) was therefore unusual. The adjudicator had accepted a reference that he interpreted as jurisdiction to act as both adjudicator and expert. On the facts, the judge agreed he had jurisdiction and enforced his decision. The interesting question is whether a similar dual-role approach will appeal to contract drafters or disputing parties.

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