The key law introducing Adjudication was the Housing Grants Construction and Regeneration Act 1996 (subsequently amended in 2009).
It makes mandatory provisions to have construction disputes decided by Adjudication.
The intention of adjudication, under the act, was to provide a swift resolution to construction disputes and disagreements. The aim is to improve cash-flow, and avoid lengthy and time consuming arbitration or litigation.
Adjudication is intended to be a fast-track process, providing a temporary binding decision. The decision stands until or unless decided by arbitration or litigation. Given the short durations of the Adjudication process, the costs are considerably lower than arbitration or litigation.
Research undertaken by the School of Engineering and Built Environment at Glasgow Caledonian University, in 2012, identifies the following subjects as the disputes being taken to Adjudication:
- Value of work 18%
- Final account value 17%
- Interim payment 26%
- Extension of time 7%
- Variations 9%
- Defective work 7%
- Payment of professional fees 3%
- Withholding monies 2%
- Contract terms 3%
- Other 8%
It is evident from this research that the most significant amount of the disputes relate to valuation and payment of the contract or varied Works. Given the nature of these disputes, Lindford Consulting, being experts in the field of Quantity Surveying, are best placed to advise clients on such matters relating to adjudication.
We are regularly instructed and advise on a number of subjects relating to adjudication including, but not limited to:
- Contract requirements relating to Adjudication
- Assessing on whether a dispute has crystallised
- Whether there are any Jurisdictional issues preventing an adjudication
- Acting as Party Representative, during the Adjudication process
- Preparation of the Notice of Adjudication
- Drafting the Notice of referral to Adjudication
- Drafting responses for the Responding party
- Provide advice in respect to the evidence to be presented
If you would like further advice relating to adjudication and whether your disagreement or dispute is appropriate for adjudication email or call on 01727 861 510 or email by clicking here.