Referring the dispute to adjudication

Adjudication is a relatively simple, straightforward and robust process, however the time constraints on all parties and the adjudicator are short and rigid and the consequences of a failure to comply with those constraints may be severe.

An astute claimant will be aware of, and prepared to meet, the procedural requirements and the likely timetable for the provision and exchange of the necessary notices, and the submissions and evidence upon which a determination will be made.

Such a claimant will have prepared all of its claim documents, so far as it can, well in advance of issuing the notice of adjudication, because the timeframes are very short compared to other dispute resolution processes, and as in all dispute resolution processes, careful and considered preparation and attention to detail invariably underscores a successful outcome.

There are seven basic steps to the adjudication process provided by the Building Disputes Tribunal (click here to view flowchart of adjudication process). There may be others in some cases, but no party should proceed on the basis of that expectation. The seven basic steps are as follows:
  1. initiation of adjudication – the notice of adjudication;
  2. appointment of adjudicator;
  3. the adjudication claim;
  4. the response to the adjudication claim by the respondent;
  5. claimant’s reply to the respondent’s response;
  6. rejoinder by respondent to claimant’s reply;
  7. determination of the dispute by the adjudicator.
Note: For further information on each of the above seven steps please refer to the menu on the left. 
 

An Authorised Nominating Authority
under section 65 of the Construction Contracts Act 2002