No win no fee adjudication: the story so far


It is almost a month since BWL Consulting launched the no win no fee adjudication solution.

I am extremely pleased that our launch attracted the attention of construction industry magazines who published articles relating to the release of our new product. At the same time, we received several enquiries from potential clients through our dedicated landing page, website contact form and LinkedIn.

We are now in further discussions with those companies who might benefit from the no win no fee product, and for some, we have moved onto the next stage and started the merits review.

Perhaps the most surprising aspect of the launch has been the discussions on social media around the articles that were published. As much as I am a passionate advocate of our product, I am also driven by a strong set of values, so I am always happy to reply to these conversations and clarify details where necessary.

Some of the conversations were around whether BWL’s Solicitors consider other forms of dispute resolution before taking a case straight to our adjudication product – and, in short, the answer is yes.

BWL is not a one-dimensional organisation chasing revenues. We would never pressure a client to take their dispute to adjudication unless it was necessary. In fact, several companies who got in touch are moving forward with us looking at possible other solutions including informal negotiation, mediation or litigation.

By conducting a merits review of a client’s dispute, it enables our team to assess all the options available to the client following our waterfall approach to dispute resolution.

If there is an opportunity to resolve a matter by informal negotiation then we will advise our client accordingly, but if the dispute requires a solution from further down the waterfall e.g. mediation, adjudication, arbitration or litigation, we will guide them towards the most appropriate method.

BWL’s Head of Dispute Resolution, Richard Beckwith, is an experienced Solicitor and Mediator and can fully assess and determine the best course of action for any business who would like to explore the no win no fee option.

To clarify, we are not saying that our product is a ‘silver bullet fix-all’ solution. Instead, what we are offering is:

  1. A comprehensive review of the dispute papers to determine the merits of the case (we clearly state a fee is payable for this)
  2. If the case is strong and has merit then the client can shop around for ‘after the event’ insurance or we can refer them to Acasta European Insurance, a trusted and reliable underwriter. But, for the record, we do not receive any commissions or referral fees from Acasta
  3. If the client purchases an ‘after the event’ insurance policy, we will act on a contingency fee basis (this is premised on BWL having completed a merits review in the first place)
  4. If the matter is a success, defined as the client receiving an award by the adjudicator, then BWL gets paid. If the client loses, then the ATE insurance will cover the adjudicator’s fees and disbursements.

BWL is a multi-disciplinary business and we believe that this product is just one of many way clients can utilise our broad skills in resolving their dispute. Our team of specialist Solicitors and Quantity Surveyors work closely together throughout each case to ensure the best outcome, whether that is through adjudication or other alternative dispute resolution methods.

I am pleased that BWL’s no win no fee adjudication product is provoking some interesting discussions on and offline with industry thought leaders, and I hope this post provides some clarity to those with uncertainties about it.

If you have any questions or queries, please do not hesitate to contact me. Similarly, if you would like to know more about the no win no fee adjudication product, or have your dispute assessed, submit your details and our team will be in touch.

Construction is a tough and often complex industry, and we all have a role to play in helping contractors of all shapes and sizes keep the cash flowing and keep people in their jobs.
Paul Benson Director of Legal Services at BWL Consulting

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Paul Benson is Director of Legal Services at BWL Consulting.

He has vast amounts of experience in helping clients in all aspects of Commercial, Corporate and Construction law. He is happy to talk to you about your legal and contractual requirements, and offer advice and support over a free consultation.

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