What is Adjudication?
Adjudication is a cost-effective, straightforward, and relatively quick method which
resolves disputes and enforces a decision being made without recourse to the Courts. The preferred adjudicator is often
named in a contract between the disputing parties and will usually be an independent, professional adjudication body. The process involves one party
sending a Referral Notice to the adjudicator and the other party filing a response. Then the adjudicator will lead the resolution with reasonability
and confidentiality, they will provide a final decision within 28 days based on the facts. This decision usually binds the disputing parties, and both parties usually accept the adjudicator’s verdict without seeking further engagement with the court.
Who can partake in adjudication?
Adjudication is dominantly used in construction contracts, whether you are anything from an architect or a general contractor with a commercial contract and a dispute has arisen. Then you can practice your statutory right to refer a dispute to an adjudicator. Construction adjudicators are usually construction professionals such as engineers or quantity surveyors with a good background in the field.
Where is adjudication appropriate to use?
Adjudication is essential for the following cases;
-Disruption in the construction process;
-Breach of contract;
-Defects in construction projects.
How is the adjudicator selected?
An adjudicator may be named in the initial contract between the parties, this contract could list a nominating body, who will select an adjudicator for the dispute. However, if the dispute has arisen and there is no record of a nominating body in the contract, then both parties can negotiate and agree upon an individual to act as the adjudicator. Often, the parties cannot reach an agreement, therefore the party responsible for referring the dispute to adjudication may make an application to a nominating body, and within five days the nominating body will notify the parties on the appointed adjudicator.
Can I withdraw from an adjudication?
Yes, you can withdraw from an adjudication if you the party responsible for bringing the dispute before adjudication. However, you will be liable for the cost of the adjudication and the adjudicator’s fees.
However, if you are the countering party to adjudication, and you wish to withdraw from the adjudication then the adjudication will proceed in your absence. It is important to note that, if the adjudicator makes a final decision against you, you must adhere to it as it will be binding.
Does the Adjudicator make the final decision?
Most adjudication decisions are accepted by the parties; however, this is not always the case with some parties. Both parties have the legal right to bring the dispute before the court if they are not happy with the adjudicator’s decision. However, if you decide to pursue with court, you must still adhere to the adjudicators decision until the court rules otherwise.
Who pays for the adjudication fee?
This depends on the terms listed in the contract, however in standard cases both parties are liable for the adjudicator’s fees. It is also possible for the adjudicator to decide how much each party is to pay towards their fees. The successful party is usually not required to pay the fees however if the unsuccessful party fails to pay the fee then the successful party must pay.
How We Can Help
The adjudication process and outcome can be a stressful and rough time especially when you have not received the justice you deserve because mistakes can occur during this process. While the quick turnaround is desirable, the absence of an oral hearing in these matters may result in an undesirable and unfair outcome.
The decision cannot be appealed however it can be overturned by a higher authority such as, the courts or arbitration.
If you believe that the outcome did not comply with your case, then we can help you present this matter before the court by applying for the ‘summary judgement’. We are here to help you during this entire process by providing you with expert advice and consistent contact.
Simply, complete our online enquiry form and we will be sure to get back to you.