Timescales

If a negotiated settlement is not possible and the criteria to submit the dispute to Adjudication has been satisfied, the next step will be to prepare an Adjudication Referral document for submission to the Adjudicator. How long this takes depends upon the complexity of the dispute.

Whilst adjudication is designed to be a simple process to enable disputes to be resolved inexpensively and quickly, proper presentation of a written case  may be a critical factor in the success or failure of an Adjudication. We have extensive experience of the preparation and referral and representation of construction disputes in Adjudication.

When the referral document is complete a ‘Notice of Adjudication’ is submitted to the other party. The dispute must then be referred to the Adjudicator within 7 days of the notice. The Adjudicator then has 28 days to make his decision. (This can be extended for a further 14 days with the consent of the referring party or longer with the consent of both parties).

The Adjudicator must carry out his duties in accordance with the terms of the contract and applicable law. He must act impartially and avoid incurring unnecessary expense. His decision will usually be an order for the payment of money from one party to another, including interest of monies overdue if requested by the referring party, although the dispute may not be confined to monetary matters alone.