Reflections on Construction Adjudication:
The MCMS Blogs

Following their acclaimed Adjudicating Construction and Engineering Disputes, Jonathan Cope and Matthew Molloy now turn to Reflections on Construction Adjudication, a carefully chosen selection of around 150 blogs written over the last eighteen years. Drawing on their vast experience as practising adjudicators, the book explores statutory adjudication through some of the key cases, legislation and practical realities that have shaped the process into what it is today.

Rather than offering an academic textbook or conventional guidance, the book captures the practical experiences, opinions and observations of those working at the forefront of construction dispute resolution. The blogs are organised thematically into chapters covering key areas of adjudication law and practice, from the Construction Act and Scheme through to procedure, jurisdiction, natural justice, enforcement and developments in Ireland. One of its distinctive contributions lies in combining analysis of important cases with the perspective of practising adjudicators, explaining not simply what the courts decided, but why those decisions matter in practice.

Accessible, practical and often funny, the book is intended for adjudicators, lawyers, experts and construction professionals who want both an understanding of how adjudication has evolved and practical insight into the issues and recurring challenges that continue to shape it. The result is both an engaging and authoritative record of an important period in construction law and a practical source of lessons and observations that remain highly relevant today.

The book is currently available to pre-order, with a £5 discount and free UK postage and packing, from

https://lpp-books.sumupstore.com/product/reflections-on-construction-adjudication

If you wish to order five copies or more, then please email lpp@londpublishingpartnership.co.uk as further discounts might be available.

Praise for Reflections on Construction Adjudication

“Undoubtedly acting entirely within their jurisdiction, of which they are masters, Matt Molloy and Jonathan Cope have brilliantly curated a stimulating composition of their adjudication blogs. No case of significance is overlooked. No part of the Act is unexplored. Generous helpings of legal analysis and industry insight make for interesting reading throughout. Natural justice dictates that you should have a copy to hand.” — Alexander Nissen KC, Keating Chambers

“When the history of construction law is written one day, the chapter on the statutory adjudication process will contain honourable mention of two of its most respected dispute resolution exponents, Matthew Molloy and Jonathan Cope. Reflections on Construction Adjudication contains a remarkable collection of their views and insights in relation to the principal legislation and associated Scheme, the Practice and Procedure of Adjudication, Enforcement and Part 8, and a valuable section on adjudication in Ireland; 150 ‘mini-essays’, containing thinking developed over more than two decades, much of it very recent. There is analysis of many of the leading judicial decisions which combine to make up the law of adjudication and, equally importantly, assessment of their practical implications for those engaged in the adjudication process. The authors’ views are presented accessibly, and frequently engagingly, but never at the expense of credibility or rigour.” — Anthony Lavers, Gatehouse Chambers; Visiting Professor of Law, King’s College London

“A copy of this book should be on every adjudication practitioner’s shelf. It should become both a ‘go-to’ reference for information on a specific topic and – because the authors’ sense of humour shines through, making the text very engaging – a book to read during occasional quiet moments. The Construction Act has been an undoubted success for the industry, and Reflections on Construction Adjudication covers the legislation itself, practice and procedure in adjudication, enforcement and Irish adjudication across four easily navigated parts. The book delivers informative commentary from experienced practitioners reviewing published judgements with a refreshing approach. In my view the practice and procedure section is the mainstay of the book. The guidance provided in the thought-provoking articles encourages the reader to think about practical applications. This wealth of commentary on noteworthy adjudication judgements is a must read!” — Janey Milligan, Construction Dispute Resolution

“Jonathan Cope and Matt Molloy have been at the centre of the most important revolution to happen in construction dispute resolution in the last thirty years: adjudication. In this book – a selection from their blogs of the last eighteen years – they lay out, in their clear and punchy style, their thoughts on a range of topics, covering adjudication practice, procedure and enforcement. Reflections on Construction Adjudication: The MCMS Blogs provides a fascinating practical analysis of the case law dealing with construction adjudication.” — Marion Smith KC, 39 Essex Chambers; Honorary Professor of Law, Queen Mary University of London

“Far more than a collection of commentary, Reflections on Construction Adjudication captures, with rare immediacy, how statutory adjudication has evolved from a bold intervention into the indispensable machinery of construction dispute resolution. Drawing on Matthew Molloy and Jonathan Cope’s formidable experience as adjudicators, it moves deftly from the Construction Act and the payment regime through the practical conduct of references to jurisdiction, natural justice, enforcement and the developing Irish regime, testing doctrine against the untidy realities of projects and disputes. Incisive, candid, witty and refreshingly free of abstraction, this is a book practitioners will return to not simply to discover what the law is, but to understand how to make adjudication work.” — Simon Tolson, Fenwick Elliott

Jonathan Cope and Matthew Molloy are directors of MCMS Limited, a specialist construction dispute resolution practice founded in 1996. They both originally qualified and practised as quantity surveyors before undertaking their legal training and being called to the Bar of England and Wales. They are highly experienced dispute resolvers and, between them, have been appointed in more than 1,500 construction and engineering disputes as adjudicators, arbitrators, expert determiners, conflict avoidance/dispute board panel members or mediators.