Building Disputes With Clients? How To Get Paid & Avoid Court!
The UK's construction industry is drowning in unpaid invoices and avoidable disputes, with over £100 billion spent annually on projects—yet most builders don’t know about adjudication, a legal tool that can force payment in just 28 days. In this episode, barrister Tim Sampson reveals that adjudication is not only fast and cheap but legally binding, allowing contractors to bypass years of court delays and massive legal fees. The real problem? Most small builders operate without contracts, skip paperwork like payment applications, and fail to document changes—making it nearly impossible to win a dispute. The solution? A simple, one-page contract that includes an adjudication clause. Even for residential jobs, this isn’t optional—it’s essential. If you’re a contractor, your biggest risk isn’t the client’s refusal to pay—it’s your own failure to follow your own contract. And if you do, adjudication turns your claim into a near-guaranteed win, with enforcement so swift that courts rarely even hear a defense. The message is clear: protect yourself not with threats, but with process. Key takeaways include the urgent need to formalize contracts, document every variation in writing, and use adjudication as your first line of defense—before any money is lost. The system isn’t broken; it’s underused. And for every builder who’s ever been left holding the bag after a project, the fix is simpler than they think.
Use adjudication to get paid in 28 days—legally binding, enforceable, and 90% cheaper than court.
For residential projects, you must include an adjudication clause in your contract—otherwise, it doesn’t apply.
Never rely on verbal agreements—document every variation in writing, even via WhatsApp or email.
If you haven’t submitted a payment application on time, you can’t claim adjudication—compliance is mandatory.
Adjudication decisions are nearly impossible to overturn in court—enforcement is automatic and fast.
…and 3 more takeaways available in PodZeus
Welcome to Get Legally Speaking
Introduction to the podcast's mission: empowering consumers with plain-English legal knowledge across all areas of life, from tenants to business owners.
The Problem: Building Disputes & Unpaid Invoices
“You can end up having spent a fortune on materials and then you don't get paid. And you've gone bust long before the courts ever resolve your dispute.”
Adjudication: The 28-Day Fix
“It is a certain degree of a down and dirty litigation. And if you really don't like the decision the adjudicator comes to, you can always challenge that in court. Although, in my experience, that really is as rare as hen's teeth.”
Why Most Builders Don’t Know About Adjudication
Despite being a legal requirement on commercial projects, many small builders—especially in residential work—don’t know adjudication exists or how to use it.
The Must-Have: A Simple Contract with Adjudication Clause
“It doesn't need to be 20, 30, 10 pages long. It could be one page long that basically sets out what you're going to do, what you're going to charge for it and that you can rely and you agree to rely on adjudication should there be a dispute.”
“You can end up having spent a fortune on materials and then you don't get paid. And you've gone bust long before the courts ever resolve your dispute.”
“I mean, it is a certain degree of a down and dirty litigation. And if you really don't like the decision the adjudicator comes to, you can always challenge that in court. Although, in my experience, that really is as rare as hen's teeth.”
“It doesn't need to be 20, 30, 10 pages long. It could be one page long that basically sets out what you're going to do, what you're going to charge for it and that you can rely and you agree to rely on adjudication should there be a dispute.”
Host
Guest
Tim Sampson
person
Hattie Savari
person
Lamb Chambers
organization
Housing Grants Construction Regeneration Act 1996
other
Red Bar Law
organization
JCT
organization
FIDIC
organization
Rick Swann
organization
Institution of Chartered Affairs
organization
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