Adjudication

Adjudication is a vital dispute resolution mechanism, particularly in the construction and commercial sectors. Introduced under the Housing Grants, Construction and Regeneration Act 1996, adjudication provides a fast-track process to resolve disputes without resorting to lengthy and expensive court proceedings. This mechanism ensures that projects can continue with minimal disruption while providing a binding decision on the contested issue.

The Adjudication Process

The adjudication process is designed to be swift and efficient. Typically, it follows these steps:

1. Notice of Adjudication: The party initiating the process serves a notice of adjudication, outlining the dispute and the remedy sought.
2. Appointment of an Adjudicator: An adjudicator is appointed within seven days of the notice. The parties can agree on an adjudicator, or one can be appointed by a nominating body.eg Institute of Chartered Surveyors in a property dispute
3. Referral Notice: The referring party submits a referral notice within seven days of the adjudicator’s appointment, detailing their case.
4. Response: The responding party submits their response, usually within seven to fourteen days.
5. Adjudicator’s Decision: The adjudicator considers the submissions and issues a decision within twenty-eight days of the referral notice. This period can be extended by written agreement between the parties.

The decision of the adjudicator is binding unless and until it is overturned by litigation, arbitration, or agreement.

Benefits of Adjudication

Adjudication offers several advantages:

1. Speed: The entire process is typically completed within 28 days, ensuring disputes are resolved quickly.
2. Cost-Effective: Adjudication is generally less expensive than court proceedings.
3. Binding Decisions: The adjudicator’s decision is binding, providing a clear resolution to the dispute.
4. Continued Work: Projects can continue without significant delays, as adjudication focuses on resolving disputes promptly.

Role of Solicitors and Barristers in Adjudication

Role of Solicitors in Adjudication

Solicitors are the initial point of contact, providing advice on the feasibility of adjudication and evaluating the case merits. They prepare essential documents such as the notice of adjudication and the referral notice, ensuring accuracy and timeliness. Additionally, solicitors manage the day-to-day aspects of the case, accumulating evidence, keeping the client informed of all developments regularly and liaising with barristers when necessary.

Role of Barristers in Adjudication

Barristers are engaged for their advocacy skills and legal expertise. They represent clients during hearings, presenting arguments persuasively and challenging opposing evidence. Barristers also draft detailed legal submissions and advise on enforcing the adjudicator’s decision, including potential court actions if compliance is not met.

Collaborative Effort

Solicitors and barristers work together to ensure a successful adjudication process. Solicitors handle preparation and client management, while barristers provide specialized legal knowledge and representation, ensuring clients are well-represented and positioned for the best outcome.

Why Choose My Commercial Lawyers?

Comprehensive Legal Services At My Commercial Lawyers (MCL), our team of barristers and solicitors will handle your adjudication case from start to finish, providing the expertise and experience needed to navigate the complexities of the process and ensuring efficient case management for the best possible outcome. Specialised Knowledge Our team possesses in-depth knowledge of the UK adjudication process and extensive experience across various sectors. We offer tailored advice and representation for construction, commercial contracts, and more, ensuring your specific needs are met. Client-Centred Approach We prioritise your interests, offering transparent and practical advice throughout the adjudication process. Our goal is to resolve disputes swiftly and effectively, minimising business disruptions and ensuring your case is in capable hands. Adjudication is a vital tool for resolving disputes quickly and cost-effectively in the UK market. With MCL’s skilled team, you can navigate the process smoothly and achieve favourable outcomes. Contact us today to discuss how we can assist with your adjudication needs and keep your business on track.