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Adjudication

Adjudication

Adjudication is a short-term and relatively cost-effective alternative dispute resolution ("ADR") method, in which a third party called the Adjudicator hears the arguments given by conflicting parties and determines a temporarily binding solution called a "Decision", ordinarily within a 28-day period (this period can be extended unilaterally by the Referring Party by a further 14 days and thereafter further with the agreement of both parties).

If the Decision is found unsatisfactory by a party, the Decision may only be challenged on very limited grounds otherwise in the event of non-compliance the Decision may be summarily enforced in court by either party since the Decision is binding upon the parties until resolved by litigation, or as the case may be, arbitration.

Our adjudication service

Davies and Davies offer a professional adjudication service delivered by representatives who have extensive expertise in this complex area of dispute resolution.

Our team are panel registered Adjudicators, including the RICS, TeCSA, CIArb, CIC and more.

We have experience both in pursuing and defending adjudication on behalf of our clients. We can offer guidance and expertise in drawing up a notice of adjudication and the referral, or in the case of a party receiving a notice, we can also advise on responding to the notice.

Why choose adjudication?

  • Under most construction contracts, adjudication is a statutory right as a form of construction ADR
  • Decisions are temporarily binding upon the parties save in limited circumstances and remain binding until the whole dispute is referred to litigation or arbitration in the event of a binding arbitration agreement

The format

The referring party will begin by serving a notice of its intention to refer a conflict to an adjudication process. The notice will provide a brief description of the contract, the dispute, and desired outcome.

The disputing parties should then appoint an adjudicator within seven days of the referral. The Adjudicator will make a decision within 28 days (this period can be extended unilaterally by the Referring Party by a further 14 days and thereafter further with the agreement of both parties)

Party representation

Davies and Davies are highly-experienced in guiding clients through the adjudication process, whether pursuing or defending, and for making informed and fair decisions.

Adjudication offers a fast construction ADR process, at a relatively low cost compared to the cost of litigation. Each party is normally expected to pay their own costs regardless of the final outcome, although the adjudicator may allocate total fees between the parties as is deemed suitable.

Contact us to discuss your requirements or call +44 (0)800 840 4025

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