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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.
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