Expert Witness Services | Construction Adjudication
What is Construction Adjudication?
Construction Adjudication is a form of dispute resolution that allows parties to get a binding decision without long and expensive court proceedings in construction cases.
Construction adjudication can also be described as a compulsory method for resolving disputes within the construction industry. It was introduced in 1996 when the Housing Grants, Construction and Regeneration Act (the Construction Act) was passed by parliament. These matters normally involve delay, disruption or cost recovery. The courts are now encouraging parties to use means of ADR (alternative dispute resolution) of which adjudication is one.
We at LRME are experts in the requirements for electrical installation and are capable of adjudicating in matters regarding the design, construction and maintenance of electrical installations.
How does Construction Adjudication for the electrical and allied industries work?
Construction Adjudication for the electrical and allied industries is a method whereby a dispute can be reconciled in a predefined manner.
One of Its benefit is to allow the smooth running of the contract for which the dispute arises and allows it to be quickly and efficiently reconciled.
The resolution of a dispute by adjudication is often defined in the original contract. The adjudication process begins when the dispute crystallizes, and a notice of adjudication is served. This can be done by either party. An adjudicator will then be appointed. The adjudicator will receive submissions and carry out his own investigations before ultimately reaching a binding decision on the matters put before him.
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What is the role of an Adjudicator and how do I choose one?
An adjudicator’s basic duties and authority is set out by the Construction Act, while the parties who prepare the notice of adjudication outline the adjudicator’s jurisdiction within the specific case.
An adjudicator will come to an informed, carefully considered decision upon hearing all the evidence presented by each party at a hearing, drawing on their professional knowledge.
An adjudicator’s decision will be binding until a final determination is reached on the dispute either in court or by resolution through an alternative dispute resolution method and can be enforced by application to the Technology and Construction Court if necessary.
The adjudication process takes place over 28 days (when extension can be sought if agreed by both parties), at which point the adjudicator’s decision is final and legally binding. The process is designed to be quick and efficient, but this also means there is little margin for error so choosing the right adjudicator with the requisite legal and professional expertise is essential.
At LRM we have experience in providing adjudication services and have extensive experience in the construction industry.
We have successfully adjudicated in a number of disputes in construction including disputes over the value of variations, extensions of time and resultant costs, and the wrongful determination of a contract.
Parties could also make use of our expert witness services.