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It is common for there to be a dispute of some sort on a construction project. These range from minor matters which are readily resolved between the parties to significant disputes in terms of the parties rights and obligations under the construction contract which require a 3rd party to help the parties resolve the dispute. The Construction Contracts Act has created a new procedure solely for the resolution of construction dispute called adjudication. Adjudication is a process whereby the dispute is resolved by by a 3rd party within about 6 weeks from commencment and that determination is binding on the parties. Notwithstanding this the other dispute resolution procedures of Court, arbitration and mediation remain and can be used contemporaneously with adjudication. Building Disputes Tribunal provides an adjudication service including all the forms that you will need to adjudicate a dispute and guidance on the process from its experienced registrars. By way of an example, the parties may refer the dispute to arbitration under the Contract and still refer the dispute to adjudication. The only exception is where the arbitration is an international arbitration under the Arbitration Act 1996. The use of other dispute resolution procedures while an adjudication is underway does not operate like an appeal or a second bit of the cherry: it is simply the exercise of the dispute resolution procedures as intended by the parties at the time they entered into the Contract.
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