top of page

Blog

Navigating Adjudication Processes in Construction Disputes

Mark Holden-Smith

Navigating Adjudication

Welcome to our short guide on navigating adjudication in construction disputes. As stakeholders in the construction industry, it's essential to have a good understanding of dispute resolution mechanisms such as Adjudication.


Understanding the Adjudication Process


Adjudication is aimed at being a quick and cost-effective means of resolving disputes in construction projects. When disputes arise, parties can opt for adjudication to reach a binding decision, ensuring projects progress without undue delays. Unlike lengthy court proceedings, adjudication is aimed at providing a quicker resolution, enabling cashflow and helping construction projects to stay on track.


The Key Stakeholders in Adjudication


Adjudication involves multiple stakeholders, including the parties in dispute, adjudicator, and often adjudication solicitors or lay representatives.


  • Disputing Parties :The parties involved in a construction dispute, such as contractors, subcontractors, and employers, present their case and evidence during the adjudication process.

  • Adjudicator : An impartial professional selected to review the evidence presented by the disputing parties and deliver a binding decision based on the parties submissions and in accordance with the contract.

  • Party Representatives : Legal or lay representatives employed by the parties to represent them throughout the proceedings. Lay representatives are generally construction professionals employed for their specialism in the particular matters in dispute. The party representatives will generally be responsible for drafting the submissions and managing the communication on behalf of its client.



Steps in the Adjudication Process


  • Adjudication Notice: The first step is for the Referring Party to give a Notice of Adjudication to the Responding Party.

  • Referral : The second step involves initiating the time for the Adjudicators decision by submitting a Referral Notice to the Adjudicator and the Responding Party, outlining the dispute's claim particulars and relevant documents.

  • Response : The Responding Party submits a response to the Referral Notice, presenting their side of the dispute and any counterclaims or defences.

  • Other Submissions : Depending on whether new evidence or allegations have been presented the Adjudicator may allow further submissions.

  • Decision : The Adjudicator then issues a Decision on the dispute which is temporarily binding on the parties until finally determined by the courts.


Tips for Navigating Construction Adjudication


Navigating the adjudication process can be challenging, but with the right approach, you can enhance your chances of a favourable outcome. Here are some key tips to help you navigate construction adjudication successfully:


  • Prepare Thoroughly : Gather all relevant documents, evidence, and witnesses to support your case effectively and draft your referral claim before serving the adjudication notice.

  • Seek Professional Advice : Consult with experienced adjudication party representatives who can provide insights and guidance tailored to your specific situation.

  • Maintain Clear Communication : Ensure all correspondence sent to the Adjudicator is sent simultaneously to the other party.

  • Comply with Timelines : Adhere to the adjudicator's timetable to avoid delays that could impact the process and project timelines.


Get in Touch

If you require assistance with an Adjudication do not hesitate to contact us for a free review of your claim at:

07834284308

9 views0 comments

Recent Posts

See All

Comments


bottom of page