Following the advent of the Housing Grants, Construction and Regeneration Act 1996 in 1998, Adjudication has grown tremendously in popularity with in excess of 1000 construction adjudication incidences taking place last year.
Adjudication is the single greatest factor to have affected dispute resolution in the construction industry in the UK. New proceedings issued in the Technology and Construction court have reduced dramatically since adjudication has become available.
At Batty France, we undertake over 100 Adjudication procedures every year, working for Employers, Contractors and Subcontractors alike.
Jurisdiction is the most important issue we have to deal with and we try and ensure that the Adjudicator has jurisdiction so that their decision will be enforceable.
An important element to Adjudication is that a dispute must have crystallised.
In Construction, using adjudication is the quickest formal way to resolve disputes. In comparison, it’s relatively inexpensive compared to arbitration or litigation
Batty France conducts adjudications on behalf of their clients. We only take on cases if there are reasonable chances of success. Once a dispute has crystallised, the adjudication process is commenced by issuing a notice of intention to adjudicate, which is issued to the defending party (known as the responding party). Following the issue of this notice, the Adjudicator can then be appointed.
Once the Adjudicator has been appointed, the dispute paperwork is passed to the them as a whole package of arguments and evidence supporting the Referring Party’s case.
Dependent upon the over-riding contract, certain procedural rules may apply to the Adjudication process. Such procedural rules must be adhered to.
With a bit of to-ing and fro-ing between Adjudicator and the Parties to the dispute, the Adjudicator will eventually make an Award in favour of the winning party [usually our clients], approx 47 days after the dispute process was commenced.
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