Adjudication provides a quick and inexpensive solution to many disputes arising under a construction contract. It is designed to produce a remedy during the process of a construction project to avoid the problem of long court litigation, which many sub-contractors and small construction companies are unable to afford.
Adjudication is appropriate for resolving financial disputes relating to delay and disruption claims, extension of time claims, final accounts disputes and can be particularly helpful in sorting out disputes on interim applications. Although it has been available since 1998, many contractors still have not taken advantage of the benefits offered by the adjudication procedure.
The legal right to adjudicate is a right that the parties cannot contract out of. A party to a construction contract has the right to refer a dispute to adjudication at any time. The Adjudicators decisions are also binding on the parties until the dispute is finally determined by legal proceedings, by arbitration or by agreement.
There are many benefits of adjudication:
It must be borne in mind that the costs of adjudication cannot be recovered from their opponent even if the adjudication is successful.
Our solicitors have significant experience in all aspects of construction, particularly in disputes. We regularly act for clients in adjudication, arbitration, court litigation and mediations, and are often prepared to act on a no win, no fee basis.