Services - Adjudication

Adjudication is the primary dispute resolution process in the UK construction and development sector and is increasingly being used in other International jurisdictions or alternatively used on specific International projects.

The intention is that Adjudication provides a quicker and more cost effective dispute resolution process than longer and more costly litigation or arbitration proceedings. The decision made by the Adjudicator is binding on the Parties and is therefore enforceable through the Courts but it is not final.

Most engagement models provide for the Adjudicator to decide the dispute within 35 days. As such, the short timetable for the Adjudication process together with specific procedural requirements means that a dispute needs to have crystallised, that the appropriate Adjudicator or nominating body is used and that the formal documentation is served within the timetable.

It is critical for both the Referring and Responding Party to comply fully with the timetable and procedural requirements. Further, it is also critical that both the Referring and Responding Party are in a position to fully evidence its position in order to maximise its opportunity for success.

Whilst the Referring Party generally has the burden to demonstrate that a dispute has crystallised and that the appropriate procedures to commence the Adjudication have been followed it may be that the Referring Party has been preparing its position for many months in order to issue the notice of adjudication to gain a tactical advantage. It is therefore vitally important that any Party to a construction contract best positions itself throughout the construction process so that it can appropriately defend any challenges and is not left ill prepared in the event that it receives a notice of adjudication.

Contract Dispute Solutions Limited has extensive and invaluable experience in advising on the appropriate strategy, preparing for and managing the adjudication process representing both the Referring and Responding Party including drafting formal submissions.

We have found with our experience that early advice will assist our Client to best position itself in the event that formal Adjudication proceedings are required or started by the other Party and that this early advice will impact on higher prospects for success. The early advice may even prevent formal proceedings and result in an amicable settlement.

If your organisation considers that a dispute under a construction contract is evolving we can support you to provide a solution to that dispute.

Why use Contract Dispute Solutions:

·         Flexible Risk Sharing Fee Models not matched by our competitors.

·         Extensive and Invaluable Experience in resolving construction related disputes.

·         High success rate not matched by our competitors.

·         We provide solutions.

·         We own your issue and dedicate our time to support you.