Adjudication in construction is a formal written judgment on a disputed matter made by the independent third party Adjudicator. It is an interim binding measure, but can be pursued in another forum, such as, arbitration or litigation.
The process is speedy with a decision being reached by the Adjudicator within 28 days of referral.
Under the Construction Contracts Act adjudication is to apply to all construction operations including construction, alterations, repair, maintenance, demolition, installation of systems such as heating, lighting, air conditioning, fire protection, security, and even communication systems.
Construction operations even include painting and decorating, except in so far as these activities relate to residential occupiers.
The effects of this legislation will be that parties will be obliged to pay money to a claimant irrespective of whether the ultimate decision goes against them and it applies during the course of contracts and not simply when they are completed. This could seriously effect your cash flow. It also applies to design and surveying and to the provision of advice on construction matters.
The legislation is almost a replica of that which already exists in the UK and Australia.
Our panel of Adjudicators have experience and expertise to adjudicate in construction matters.
