Developed
by Propeller

Adjudication

Adjudication is a private, simple and cost effective method of dispute resolution completed within an exacting timescale (typically 28 days unless extended). Adjudication gives any party to a written construction contract the right to refer a dispute arising under that contract to an adjudicator at any time.


The adjudicator’s decision is binding on the parties until the dispute is resolved by agreement, arbitration or litigation.  Since the parties have a right to adjudicate at any time, adjudication can commence even where the same dispute is being, or has been, referred to arbitration or litigation.


Although the parties may agree to exercise their right by deciding not to adjudicate, should one party commence an adjudication, the other party cannot stop the process, save for matters of jurisdiction.


The typical stages in the adjudication process are:



  1. (a) A Dispute;

  2. (b) The Notice of Adjudication;

  3. (c) Nomination of Adjudicator;

  4. (d) The Referral Notice;

  5. (e) Response to the Referral Notice;

  6. (f) Further Submissions;

  7. (g) Meeting and/or Site Visit;

  8. (h) The Decision; and

  9. (i) Enforcement of the Decision.


The parties should be encouraged to prepare adjudication documents in a concise and simple manner, formatted to allow a clear audit trail for the adjudicator to follow. This will assist in explaining the parties’ positions and improve the prospects of success.


Fairway has experienced adjudicators who are included on the panels of the RICS, TeCSA and the Institute of Arbitrators. For further information and advice contact Richard Walmsley.