Project Control - Adjudication Support

Although Adjudication has been an option for contracting parties for some time (i.e. JCT 80-DOM/1 clause 24) with the enactment of the Housing Grants, Construction and Regeneration Act 1996 most commercial construction contracts, entered into after 1 May 1998, have the absolute right to have disputes resolved by adjudication irrespective of the absence of such an express provision within the contract.

This access to "fast justice" has been positively embraced by the construction industry. There are upwards of 2,000 referrals to adjudication every year.

The key elements of adjudication are the speed and enforceability of an adjudication decision and the courts have unequivocally supported the process.

Usually adjudications are determined on a "documents only" basis or very limited meetings with an adjudicator and this makes the written presentation of the case or its defence paramount.

If the referring party is to be successful the ability to quickly prepare an easily understood case for adjudication is essential.

If the responding party is to successfully defend its position then a speedy and timely recognition of the issues is vital where either a pre-emptive defence to a referral to adjudication, or a response in the adjudication proceedings, is required.

DAQS is skilled in providing the necessary support within the response time required by the Construction Act and drafting the appropriate documentation.