Adjudication for the construction industry was introduced in 1996 by the Housing Grants Construction & Regeneration Act and the industry has taken it to its heart. Click here to learn more about Adjudication.
Adjudication in the Construction Industry.
Adjudications can be raised at any time during a contract and it is relatively quick and relatively inexpensive. Parties can seek and get an answer or “Decision” when the issue is fairly fresh in their minds rather than much further down the line when the cash restraints are more serious and may compromise any remedial action that can then be taken. The Decision is binding upon the Parties unless either of them decides to take the dispute to a further forum e.g. Arbitration or Court or Parties agree otherwise.
CDR has a considerable track record in adjudication whether it be in acting as adjudicator or representing Parties. We have “in-house” highly experienced adjudicators who are on several ANB’s (Adjudicator Nominating Bodies) and are regularly appointed. Coupled with this, we have an impressive track record in technical Party representation at Adjudication and have acted for clients both as the Referring Party and the Respondent.
The strategy of adjudication has advanced considerably over the years and, based on our extensive experience in this field, we are able to offer assistance and advice to Clients when considering the strengths and weakness of their case, the matters to be referred, and the considerations of timing or indeed any aspect that requires to be carefully considered. Should it be required, we are happy to work with other professional advisers to complement a team.
The 1996 Construction Act is Changing
The LDEDC Act and equivalent provisions in Scotland will introduce in 2011 new Adjudication and payment provisions to construction contracts. Contracting Parties, employers, and professional teams will need to ensure their contracts are drafted correctly and exacting procedures are in place. Contact CDR for advice
on this important development.