What is adjudication?
Adjudication is an informal way of resolving disputes. Adjudication is often used to resolve a particular aspect of a construction or property dispute. What this means is that a particular issue – such as standards of construction or non-payment of a fee – can be decided, without holding up the rest of the construction project, for example.
Typically, where an adjudication process is put into motion, it will take place very quickly, perhaps within two or three weeks.
If you or your company are involved in an adjudication, you will need to be well prepared both with the facts in dispute and with the legal issues surrounding the dispute. You may also have to prepare your case quickly. It is worth getting in touch with an expert barrister who is familiar with adjudication for assistance. Your barrister can assist with proper preparation and presentation of your written case to the adjudicator and to make sure that nothing has been overlooked.
When is adjudication used?
Adjudication is used a lot in the construction industry.
Adjudication is also used to settle disputes between landlords and tenants over the repayment of a tenant deposit.
Adjudication can be used in employment disputes.
The adjudicator’s decision may be an order for the payment of money from one party to another or it may relate to a disputed fact or technical matter (for example, whether the workmanship is to the right standard or what the specification means).
Adjudication does not necessarily achieve final settlement of a dispute. That is because either of the parties has the right to have the same dispute heard once again in court (or where the contract specifies arbitration, in arbitration proceedings).
Why do I need a barrister?
Barristers are experts in the law, can advise you authoritatively on how to comply with the law and dispute resolution procedures, such as adjudication, can attend meetings on your behalf and draft legal documents. If your issue involves an adjudication, your barrister is a skilled advocate who can represent you to the highest standard to ensure that you get the best result. Or your barrister can make sure you are well prepared to represent yourself.