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.
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.
Adjudication is essential for the following cases;
-Disruption in the construction process;
-Breach of contract;
-Defects in construction projects.
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 enquiry form and we will be sure to get back to you.