THE ADJUDICATION CLAIM

The service of the notice of acceptance by the adjudicator sets in train a process whereby the parties present their respective cases and evidence to the adjudicator in an extremely short period of time (by comparison with conventional dispute resolution processes) and the consequences of failure to comply with the timetable are severe and may prove fatal for a non-complying party.

The claimant must refer the dispute in writing (the adjudication claim) to the adjudicator within 5 working days of receiving the adjudicator’s notice of acceptance (s36(1)). There is no provision in the Act that allows the adjudicator to extend that period and accordingly any failure on the part of the claimant will simply bring the proceedings to an abrupt end. Such failure is not of itself fatal for the claimant, but it will require a new Notice of Adjudication to be served and a new application for appointment of an Adjudicator to be made. The claimant must serve a copy of the adjudication claim and any accompanying documents on every other party to the adjudication either before or immediately after they are served on the adjudicator.

The adjudication claim must specify the nature or the grounds of the dispute and, to the extent that it remains relevant, be accompanied by a copy of the notice of adjudication and may be accompanied by any other documents (s36(2)).

The adjudication claim must be consistent with the notice of adjudication because that is from where the adjudicator derives his or her jurisdiction in relation to the nature and scope of the dispute. If any new or different matters are raised in the claim, there is simply no jurisdiction for the Adjudicator to deal with those matters unless the parties agree to extend his or her jurisdiction, which agreement is unlikely.

The adjudication claim is a pivotal document for the claimant as there may be no further opportunity for the claimant to present its case to the adjudicator.

The Act does not prescribe any particular form for the adjudication claim. It will typically take the form of a narrative but in every case the claim should be clear, concise, accurate, and spell out in a logical and sequential manner, the background to the claim, identify in precise terms the disputed issues that have arisen, the opposing argument and the reasons for the dispute in relation to those matters (in summary form to assist the adjudicator) and the factual and legal basis upon which the claimant believes it is entitled to a determination in its favour.

It can readily be established that it is important that the claimant includes with its claim, all evidence, documents, authorities, and other material that it seeks to rely on in support of its claim, within the 5 working days that it has available from receipt of the Adjudicator’s Notice of Acceptance.

To view a sample template for an adjudication claim click here.