Adjudication

Adjudication Services

What is Adjudication?

Adjudication is a compulsory method for resolving disputes in the construction industry, introduced in the UK in 1996 by the Housing Grants, Construction and Regeneration Act (the Construction Act). It is appropriate in cases involving cost recovery, delay and disruption. Parties to disputes in other sectors can elect to use adjudication in certain circumstances.

How does Adjudication work?

Adjudication is a mechanism where a dispute can be resolved in a predefined manner. Its benefit is primarily to ensure the smooth running of the contract under which the dispute arises and enables it to be quickly and efficiently resolved. The resolution of a dispute by adjudication is often defined in the original contract. The adjudication process begins when the dispute crystallises and a notice of adjudication is served. This can be done by either party. An adjudicator will then be appointed. The adjudicator will receive submissions and carry out his own investigations before ultimately reaching a binding decision on the matters put before him.

What is the role of an Adjudicator and how do I choose one?

An adjudicator’s basic duties and authority is set out by the Construction Act, while the parties who prepare the notice of adjudication outline the adjudicator’s jurisdiction within the specific case.

An adjudicator will come to an informed, carefully considered decision upon hearing all the evidence presented by each party at a hearing, drawing on their legal and professional knowledge. An adjudicator’s decision will be binding until a final determination is reached on the dispute either in court or by resolution through an alternative dispute resolution method and can be enforced by application to the Technology and Construction Court if necessary.

The adjudication process takes place over 28 days (when extension can be sought if agreed by both parties), at which point the adjudicator’s decision is final and legally binding. The process is designed to be quick and efficient, but this also means there is little margin for error so choosing the right adjudicator with the requisite legal and professional expertise is essential.

Why Expert Evidence?

At Expert Evidence we have experience in providing adjudication services and have extensive experience in the construction industry. We have successfully adjudicated in a number of disputes in construction including disputes over the value of variations, extensions of time and resultant costs, and the wrongful determination of a contract. Parties could also make use of our expert witness services.

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