Introduction to Adjudication

Step 1: Initiating Adjudication

The process begins when one party (the referring party) serves a Notice of Adjudication to the opposing party (the responding party). This document outlines:

– The nature of the dispute

– The details of the contract

– The relief sought

Within seven days, the referring party must submit a Referral Notice, which includes supporting evidence and legal arguments.

Step 2: Appointment of an Adjudicator

An adjudicator is selected by agreement between both parties or appointed by a nominating body such as the Royal Institution of Chartered Surveyors (RICS) or Technology and Construction Solicitors’ Association (TeCSA).

Step 3: The Response and Reply

The responding party is given a set time (often seven days) to submit their defence and supporting evidence. Further submissions may be permitted at the adjudicator’s discretion.

Step 4: The Adjudicator’s Decision

The adjudicator reviews the submissions and issues a decision, typically within 28 days. The decision is binding and enforceable, although it can later be challenged through litigation or arbitration.

Step 5: Enforcement of the Adjudicator’s Decision

If a party refuses to comply, the decision can be enforced in the Technology and Construction Court (TCC), making it a powerful dispute resolution tool. 

Common Disputes Resolved Through Adjudication

1. Payment Disputes

Under the Construction Act, payments must be made on time. Disputes over unpaid invoices, underpayment, or late payments are among the most common reasons for adjudication.

2. Delays and Extensions of Time

Delays in construction projects can result in financial penalties. Adjudication can determine whether delays are justified and if compensation is warranted.

3. Contractual Breaches

Misinterpretation of contract clauses, scope changes, and unfulfilled obligations are frequent causes of disputes that can be swiftly resolved through adjudication.

4. Quality and Defects Disputes

Issues regarding defective work or materials can be adjudicated to determine liability and necessary remedial actions.

Why Choose My Commercial Lawyers?

At My Commercial Lawyers, we provide expert adjudication services tailored to the needs of construction and commercial businesses. With a proven track record of success, we assist clients in preparing strong cases, navigating complex disputes, and enforcing adjudicators’ decisions efficiently.

Specialist Construction and Commercial Law Expertise

Proven Success in Adjudication Cases Nationwide Service Covering London and Beyond

Cost-Effective and Results-Driven Approach