Adjudication
From the 1 May 1998 most contractors, sub-contractors and others involved in the construction industry have been able to have disputes resolved by means of adjudication under the Housing Grants Construction and Regeneration Act 1996, commonly referred to as the Construction Act.
Since its inception adjudication has been readily adopted by the construction industry as a dispute resolution method. One factor being that it can provide a quicker and more cost effective means of resolving disputes than litigation or arbitration.
Adjudication as a process has developed significantly since 1998. These changes have been through court rulings which have increased the complexity of the process. It is essential that parties to adjudication understand the legal technicalities so as to avoid their claims failing.
ramskill martin has experience in over 400 adjudications involving disputes over sums ranging between £5k and £3m. Some of these disputes have been relatively straight forward payment disputes, but many have been complicated and have involved the interpretation of contract terms and conditions, delay and disruption and the valuation of variations and final accounts.
ramskill martin is home to in-house practising adjudicators who have experience and understanding of the procedure and standards that need to be met to be successful in this process.
ramskill martin can help in all aspects of the adjudication process including the following:
- Crystallisation of the dispute
- Establishing that there is a right to adjudication, dealing with jurisdictional issues
- Preparing analyses and assembling evidence
- Preparation of Referral or Response and other submissions
- Dealing with correspondence, arguments and meetings during the adjudication process
- Advising on procedures following the issue of the Decision to ensure payment
While ramskill martin is able to deal with adjudication at any level, it is aware that adjudication can be a time consuming and costly process for both Parties. With this in mind, we consider adjudication to be a tool that is not the only way of resolving disputes in the construction industry. It does, however, give teeth to arguments where, because of the time and cost of other procedures, many contractors or sub-contractors were effectively deprived of any remedy. Many involved in the construction industry are aware of this and often if a claim or position statement is prepared to a standard required in adjudication, then this will encourage a Responding Party to settle claims or accounts without the need for the formal process.
The standard required to be successful is not easy to achieve, but providing preparation meets the standards required, ramskill martin find that most disputes are settled without resorting to the formal adjudication process.