Construction Adjudication Solicitors
Construction adjudication is a formal, private and binding process where construction-related disputes are resolved by decision made by an adjudicator. The process of adjudication is designed to be faster, simpler and a less expensive alternative to litigation.
Let Us Guide You
At FSW our experienced dispute resolution solicitors can guide you through ever step of the adjudication process.
It is essential that the adjudication process is managed efficiently from start to finish. Delays can lead to difficulties in reaching a successful outcome. So get control of the situation now and call Charlotte Waters on 0207 993 6960 or Email Charlotte Waters and we will respond accordingly.
Once you decide to adjudicate or are adjudicated against there are a number of practical points that need to be considered upfront, not least the time available. If the written terms of the contract fall outside section 108 HGCRA or the contract is oral then the Scheme for Construction Contracts under Statutory Instrument 1998 no.649 will come into play allowing the parties to commence adjudication proceedings.
Adjudication is applicable when:
A quick decision is needed
Cost control is required
The dispute arises out of a construction contract.
An adjudicator with a special skills set is required.
Speed is important, for example, for cashflow concerns, final resolution is not a priority.
The Construction Adjudication Process:
Once a dispute is to proceed down the adjudication route there are seven defined stages:-
1. Notice of adjudication
A notice of intention to refer a dispute to adjudication is to be given by the referring party to the responding party. If appropriate at this stage, it is also to be sent to the adjudicator nominating body (ANB) following which an appointment of an adjudicator is to take place within seven days.
2. Nomination of adjudicator
Nominations can be made by the parties or by an ANB, for example, RICS, RIBA, CIC or ICE.
The referral is sent by the referring party to the responding party and the adjudicator.
4. The response to referral
A response to referral is sent by the responding party to the referring party if the adjudicator directs.
5. The reply
A reply to the response is sent by the referring party to the responding party if the adjudicator directs.
6. The decision
The decision by the adjudicator is given within 28 days of the adjudicator receiving the referral or, by the consent of the referring party, up to 14 days later.
It is rare that the court fails to uphold adjudicators’ decisions. The judgement of the High Court in Pioneer Cladding Limited v John Graham Construction Limited considers the circumstances in which an adjudicator’s decision should be enforced. In this case, the court refused to enforce the adjudicator’s decision.
Adjudicators' decisions are not always respected with timely compliance, and it can be necessary to enforce the decision in court.
For more information on how Fisher Scoggins Waters can help with the adjudication process,contact us by telephone on 0207 993 6960 or email Charlotte Waters by using the enquiry form below: