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Step 1 |
Claimant serves notice of adjudication (s28) on every party to the construction contract |
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Step 2 |
Selection of adjudicator (s33)
Parties must either agree on an adjudicator within five working days (unless both agree to extend the time period) or apply to an authorised nominating authority such as Building Disputes Tribunal
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Step 3 |
Appointment of Adjudicator (s35)
Person requested to act must within 2 working days indicate whether they are willing and able to act. If the person is willing and able to act they must serve a Notice of Acceptance within 2 working days.
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Step 4 |
Referral of Dispute to Adjudication by Claimant (s36)
Claimant serves adjudication claim and supporting documents on the adjudicator and every other party to the adjudication
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Step 5 |
Response to adjudication claim (s37)
Respondent may serve a written response and any supporting documents.
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Step 6 |
Adjudicator’s Determination (s38-51) |
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Step 7 |
Parties comply with adjudicator’s determination (s58)
If not, enforcement provisions apply (ss 59-61, ss72-79):
recovery as debt due, and/or
suspension of work, and/or
entry as a judgment including charging order on construction site
proceedings for enforcement of determination (non-payment disputes) |
Please Click here to download a FLOWCHART outlining the Adjudication process and associated time limits.
MAXIMUM ADJUDICATION TIME LIMITS
Below is an outline of the MAXIMUM time limits for Adjudication.
Please Note: In practice many of the steps are completed much quicker than allowed for in the Act.
FOR EXAMPLE - steps 1 - 4 could possibly all occur within 24 hours: i.e. A claimant may serve the notice of Adjudication, apply to the Building Disputes Tribunal to nominate an adjudicator, the Adjudicator may then immediately confirm they are willing and able to act as Adjudicator and the Claimant may then immediately serve their Claim.
Working Days
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Adjudication Time Limits
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Day 0 |
Claimant serves Notice of Adjudication on respondent. |
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Day 5 |
Parties may agree on adjudicator (within five working days (unless both agree to extend period)) or the Claimant may apply to an authorised nominating authority such as Building Disputes Tribunal to nominate an adjudicator. |
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Day 7 |
The person requested to act as adjudicator must within two working days of receipt of the request or nomination indicate his or her willingness to act. If willing and able must then serve a notice of acceptance on the parties. |
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Day 12 |
Claimant MUST refer the dispute in writing to the adjudicator and every other party to the adjudication within five working days of the notice of acceptance. |
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Day 17 |
Respondent may serve a written response to the claim on the adjudicator and every other party to the adjudication within five working days of receipt of the adjudication claim (unless the parties agree or the adjudicator allows further time). |
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Day 37 |
Adjudicator determines the dispute within 20 working days of receipt of the response to the adjudication claim (but can extend time to 30 working days (or possibly longer with the consent of the parties)). |
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Day 39 |
If the respondent does not pay the determined amount, the claimant must wait at least two working days after the adjudicator’s determination before serving a notice of intention to suspend work. The parties must notify the adjudicator of any corrections required in the determination within the two working days. |
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Day 44 |
Claimant can suspend work if after five working days the respondent has not complied with adjudicator’s determination and can apply to the Court to have the determination enforced as a judgment |
