If you are completing a construction project and things aren’t going to plan, you may be looking into how to resolve a dispute.
Construction adjudication can help to move your project along and minimise disruption.
Benefits of construction adjudication
There are a number of benefits to using this system. Construction adjudication allows for a quick dispute resolution process, meaning your project can still make progress rather than coming to a halt for a long period.
This means the delays and disruption to your project will be minimal.
Also, there is a focus on resolving disputes in a quick and timely fashion which reduces the risk of contractor insolvency. This may be an ideal method for ensuring you are financially protected when difficulties arise in the building process.
Finally, construction adjudication is an independent process which often allows for swift communication and action between parties.
How does construction adjudication work?
Before the procedure beings, you must ensure that the dispute arises out of a construction contract. You must also ensure that the claim has been brought to the other side’s attention.
The party making the claim must serve a Notice of Intention to Adjudicate which is followed by the application and appointment of an adjudicator within a set time period. This is then followed by the services of a Referral Notice detailing the claim within a set time period.
Adjudication is typically dealt with on a paper basis only and so all documents on which a party intends to rely need on to be provided.
It is vitally important that the procedural steps are fully complied with, otherwise, a court may well not enforce an adjudicator’s award for breaches of natural justice.
The next step is for the responding party to provide a Response, which is usually seven days after the service of the Referral Notice
Within seven days, the referrer may be allowed to reply, and in some circumstances and with the agreement of the adjudicator the parties can make further representations.
Typically, within 28 days of service of the Referral Notice, the adjudicator’s decision will be made. However, this can be extended by agreement between the parties and the adjudicator.