Construction Adjudication is a fast and cost-effective method of resolving contract disputes without the need for lengthy and expensive Court proceedings. The construction Adjudication process generally takes 28 days and any party to a commercial construction contract has a statutory right to appoint a construction adjudicator and refer any dispute to Adjudication, without a specific clause needed in the contract.
Adjudication in construction provides the advantage of a quick, low cost commercial solution to any construction contract dispute, including JCT contracts, and can be used in disputes going into millions of pounds, irrespective of any Court proceedings that may have already started. Adjudication is the leading method of Alternative Dispute Resolution (ADR) in the construction Industry and courts recommend using ADR in the first instance of a dispute as part of the required Pre-action Protocol.
A construction adjudicator conducts the Adjudication and must be a professionally qualified expert in their field. Most construction disputes relate ultimately to money thus the selected adjudicator should ideally be a qualified Chartered Quantity Surveyor with years of experience in dispute resolution, expert work and the ability to measure.
You can find out more about the Adjudication Process in our Guide on What to Expect from Adjudication in Construction.
The construction Adjudication process is widely used for resolving many different types of construction disputes including:
When referring a construction dispute to Adjudication, the Referral Notice must be served to the Adjudicator within 7 days of the Notice of Adjudication (NOA) and the 28-day timetable begins. The Referral Notice, as it is known, is substantiation of the case set out in a legal narrative and accompanied by documentary evidence in support. It is in effect the claim and the Referring party's position. We can help you through the construction Adjudication process ensuring that all relevant documents are prepared to enable you to achieve the best result possible. It is vital that you appoint the right person who is an Expert in construction, construction business and commercial construction contracts, and who understands the law of construction Adjudication. Arbicon employs these qualities from many years of practice and experience.
Statutory Adjudication Rights
For householder building disputes, you may still have the right to Adjudication if you have an Adjudication clause written into your contract. If you do not have Adjudication terms in your contract you can always seek agreement from the other party to appoint an adjudicator. If you do have an Adjudication clause written into your contract you must follow the procedure stated to conduct the construction Adjudication process. It is important to understand the construction Adjudication process and use an Adjudication specialist.
