Adjudicator
What is Adjudication?
Adjudication is a quick and relatively cheap method of resolving disputes.
Any party to a construction contract who feels aggrieved and has been unable to resolve a dispute has the right to seek the appointment of an adjudicator. The adjudicator will request the aggrieved party to state its case and the other party to respond. The adjudicator will be proactive in establishing the matters in dispute – reading correspondence, visiting site, meeting the parties, calculating payments due, organising material tests or indeed taking any action he considers necessary to reach his decision.
Best of all – the adjudicator normally has just 28 days to make his decision and convey it to the parties.The losing party then has to comply with the adjudicator’s decision in full and in accordance with a timetable set by the adjudicator – generally the loser has to pay up and do so quickly.
Is Adjudication recognised by the Courts?
Yes. Indeed, if necessary, the Courts can act within a very short time to ensure that an adjudicator’s decision is enforced. Less than 5% of cases concerning adjudication have subsequently come to court but such cases have helped clarify some of the uncertainties that have arisen in adjudication.
How successful is Adjudication?
VERY! Independent research has established that over 85% of cases brought are successful.
Starting an Adjudication….
Whilst in theory anyone with a basic knowledge of building contracts can commence adjudication, it makes absolute sense to let someone with up to date knowledge of the process advise and guide you or act on your behalf.
That is where Stuart C Holland, FRICS, can help – by presenting your case and dealing with any issues arising from the defence inevitably put forward by the other party.
What do I have to do?
· Put together all the papers and records that you have concerning the dispute.
· Write a simple history of the events leading up to the dispute (this is not essential but will save time and costs)
· Provide these records.
Stuart C. Holland will…………
· Advise you on the most suitable way forward.
· Prepare and present your case to the adjudicator, if adjudication is advised.
· Deal with any queries and matters arising during the adjudication process.
How do I find out more?
Telephone 01423 541069 when you will be offered 30 minutes free advice on your problem.
Adjudication is a quick and relatively cheap method of resolving disputes.
Any party to a construction contract who feels aggrieved and has been unable to resolve a dispute has the right to seek the appointment of an adjudicator. The adjudicator will request the aggrieved party to state its case and the other party to respond. The adjudicator will be proactive in establishing the matters in dispute – reading correspondence, visiting site, meeting the parties, calculating payments due, organising material tests or indeed taking any action he considers necessary to reach his decision.
Best of all – the adjudicator normally has just 28 days to make his decision and convey it to the parties.The losing party then has to comply with the adjudicator’s decision in full and in accordance with a timetable set by the adjudicator – generally the loser has to pay up and do so quickly.
Is Adjudication recognised by the Courts?
Yes. Indeed, if necessary, the Courts can act within a very short time to ensure that an adjudicator’s decision is enforced. Less than 5% of cases concerning adjudication have subsequently come to court but such cases have helped clarify some of the uncertainties that have arisen in adjudication.
How successful is Adjudication?
VERY! Independent research has established that over 85% of cases brought are successful.
Starting an Adjudication….
Whilst in theory anyone with a basic knowledge of building contracts can commence adjudication, it makes absolute sense to let someone with up to date knowledge of the process advise and guide you or act on your behalf.
That is where Stuart C Holland, FRICS, can help – by presenting your case and dealing with any issues arising from the defence inevitably put forward by the other party.
What do I have to do?
· Put together all the papers and records that you have concerning the dispute.
· Write a simple history of the events leading up to the dispute (this is not essential but will save time and costs)
· Provide these records.
Stuart C. Holland will…………
· Advise you on the most suitable way forward.
· Prepare and present your case to the adjudicator, if adjudication is advised.
· Deal with any queries and matters arising during the adjudication process.
How do I find out more?
Telephone 01423 541069 when you will be offered 30 minutes free advice on your problem.
