REFERRING A DISPUTE TO ADJUDICATION

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

An astute claimant will be aware of, and prepared for, all the procedural requirements and the likely timetable for those procedures and the provision and exchange of the necessary notices and submissions. Such a claimant will have prepared all of its 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, the consequences of any failure to meet those requirements may be severe for the defaulting party, and as in all dispute resolution processes, careful and considered preparation and attention to detail invariably underscores a successful outcome.

There are five basic steps to the adjudication process provided by the Building Disputes Tribunal. There may be others in some cases, but no party should proceed on the basis of that expectation. The five basic steps are as follows:

1. Initiating adjudication – the notice of adjudication;
2. Appointment of adjudicator;
3. Referral of dispute to adjudicator – service of the adjudication claim by the claimant;
4. The response to the adjudication claim by the respondent;
5. The determination of the dispute by the adjudicator.

Note: For further information on each of the above 5 steps please refer to the menu on the left.