Adjudication

CONSTRUCTION ADJUDICATION

Construction Adjudication is a form of dispute resolution that allows parties to get a binding decision on construction cases without long and expensive court proceedings. 

Objectives

The purpose is to offer parties to a construction contract a quick-remedy to a contractual (not necessarily written contract) that does not inhibit the cash flow of any particular party in the way that a costly, time consuming court case would.

Process

  1. There must be a dispute.
  2. Crystallization of the claim
  3. The Notice of Adjudication
  4. Appointing an Adjudicator
  5. The Referral Notice
  6. The Response
  7. The Adjudicator’s Decision

When is it best to use adjudication?

It is best to use adjudication for resolving claims relating to:

  • Interim payments
  • Delay and disruption of the works
  • Extensions of time for completion of the works
  • Defects in the works
  • The final account
  • Breach of contract
  • Termination of a contract
  • Professional negligence

In addition, adjudication may be considered for disputes relating to breach of contract, termination of a contract and professional negligence.