Frequently Asked Questions
Do I need a lawyer to apply for adjudication?
No, adjudication does not require a legal counsel as a representative. However, if you are unsure about your rights and obligations it is always recommendable to consult with a lawyer.
How many times will I need to appear in person for the
None. Adjudication can be entirely conducted through documents. There are no hearings in an adjudication process. Only in exceptional
circumstances the adjudicator might need to make a visual inspection on site.
I didn’t sign any contract with the other party. Our agreement is not in writing. Can I still submit the issue to adjudication?
Yes, you can still apply to adjudication. Agreements between parties can be either through oral or written agreements. Note however that you need to be able to prove your case in either circumstance. Therefore, all the relevant information (text messages, emails, invoices, etc.) might be essential to your adjudication claim.
How should I send the Notice of Adjudication?
The Notice of Adjudication expresses your intention to submit a matter to adjudication. The Construction Contracts Act establishes that service of process can be completed in the usual means of communication between the parties. If you usually communicated by email with the other party, if the notice of adjudication is sent to the same email address, the notice will be considered sufficiently served; i.e. it will be presumed that the other party has received the notice.
What happens if the other party refuses to pay even after a determination in my favour?
If the losing party refuses to pay any amounts due as indicated in the Adjudicator’s Determination, for contracts entered from 1 December 2015 the winning party can enforce the Determination through Court.
How is the enforcement effected?
A claimant may proceed to enforce the determination as a debt due in any court together with the actual and reasonable costs of recovery, or by entry as a judgment in the District Court.
*Please note that enforcement varies in contracts entered before 1 December 2015. For more information on enforcement by way of entry as a judgment see: Entry as a judgement
Please note that all the answers in this section are intended as an initial guideline on Adjudication. For more detailed information please visit our website or refer to the Construction Contracts Act 2002.