No matter your role within a construction project, it is important to understand construction adjudication and the alternative form of dispute resolution that it can offer, whilst simultaneously omitting the need for long and expensive court proceedings.
Any party involved in a construction contract are able to bring a dispute, which may have arrived during a project and involves the construction contract, to a construction adjudicator, like Sum.
There are strict rules which govern the adjudication process in construction. Section 108 of the Construction Adjudication Act outlines the requirements with which all parties should comply with in order to proceed. These strict rules are put in place to ensure that everyone involved in the process is complicit.
Adjudication for the optimum outcome
Although a construction project may be planned and considered in great detail, it can be hard to completely avoid any kind of dispute within construction or engineering projects. With so many people involved in the process, sometimes disputes are unavoidable, however, they can be resolved quickly and with the best possible outcome with the support of a construction adjudicator.
By enlisting the help of a professional construction adjudicator, the chance of maintaining healthy business relationships with opposing parties is much more likely. Through working with an adjudicator, members of each side can put their side of the dispute forwards and be subjected to a completely non-bias outcome. This is one of the primary reasons why construction adjudicators are becoming an increasingly popular alternative.
What to expect from a construction adjudicator
A construction adjudicator can offer a wealth of advice and knowledge, in order to ensure that anyone seeking dispute resolution can garner the most out of the process as possible. By opting to work with a professional construction adjudicator, participants will have access to an industry trained individual who can offer tactical know-how and utilise a wealth of experience to ensure the best possible outcome.
An adjudicator will ensure that all participants within a construction adjudication are fairly represented within the process. During this time, opposing parties will be supported by a professional who can offer advice on jurisdictional issues, prepare notices such as referrals or responses to these for the opposing party and defend enforcement of another adjudicators decision.
How does an adjudication begin?
In order to begin the process of construction adjudication, a referring party will need to serve notice onto every party involved in the construction contract. This notice must detail their intention to refer a current dispute to be adjudicated and is one of the most critically important documents in the process.
The notice must include details of the contract alongside the names and addresses of all parties to the contract. The notice must also include a description of the dispute, detailing the situation which has arisen between the parties and when this occurred, to the best of their knowledge. Finally, the notice should include how the referring party believe relief to be brought about and how they want the adjudicator to resolve the issue.
One of the key takeaways in regards to the notice is that the document should identify just one dispute unless otherwise specified within the contract. This means that anyone who chooses to bring a dispute to adjudication should ensure that they are accurate in describing and characterising the dispute they wish to be undertaken during the adjudication process.
Finally, the relief sought as the outcome of the adjudication should be clearly spelt out within the document. Including a line in regards to an interim payment is not enough and parties should be clear on their desired outcome. This includes specifying a sum, which will then be determined or awarded in portion by determination of the adjudicator.