Adjudication

Adjudication is a swift and cost-effective method for resolving contract disputes in construction. It eliminates the need for lengthy and expensive court proceedings. The construction Adjudication process is designed to be quick, typically concluding in less than 28 days.

Who can use Adjudication in construction?

Any party to a commercial construction contract can opt for Adjudication. There’s a statutory right to appoint a construction adjudicator and refer disputes to Adjudication without needing a specific clause in the contract.

What are the key advantages of Adjudication in construction disputes?

Adjudication offers several advantages, such as rapid resolution, low costs, and applicability to large-scale disputes. It’s especially beneficial for disputes that involve Australian Standard (AS) contracts. Adjudication remains the preferred ADR method in the construction industry.

What kinds of disputes are suitable for Adjudication?

Adjudication is primarily used for resolving payment disputes in construction. It can also cover issues like delays, extensions of time (EOT), and defects if they form part of a payment dispute.

How does IC&R specialize in construction Adjudication?

IC&R boasts over 40 years of experience in construction law and Adjudication. Our specialists are adept at prosecuting and defending construction payment disputes, offering expert services to a wide range of clients in the construction and civil engineering industries.

What is the role of a construction adjudicator in Adjudication?

A construction adjudicator in Adjudication is a professionally qualified expert, often a Certified Quantity Surveyor. Their expertise in dispute resolution and the ability to measure financial aspects are crucial in resolving construction disputes effectively.

How does the Adjudication process begin?

The Adjudication process starts with an Adjudication Application, which sets the adjudication timetable. This application substantiates the claimant’s case with necessary documentary evidence, marking the commencement of Adjudication.

How does IC&R assist clients through the Adjudication process?

IC&R provides comprehensive assistance through the Adjudication process. We ensure timely preparation of all relevant documents, guiding clients to achieve the best possible outcome. Our experts understand the nuances of construction, business, and commercial contracts, essential for successful Adjudication.

What are the statutory rights in Adjudication?

In commercial construction contracts, if there are no Adjudication terms agreed upon, a statutory right to adjudicate applies. Each state or country’s act functions like a set of contract terms, covering payment and Adjudication terms when absent or non-compliant in the contract.

Can householder building disputes use Adjudication?

Yes, householder building disputes can use Adjudication if there’s an Adjudication clause in the contract. Even without such terms, parties can agree to appoint an adjudicator. Understanding and using an Adjudication specialist is crucial in these scenarios.

Why choose IC&R for construction Adjudication?

Choosing IC&R for construction Adjudication ensures expert guidance and representation. Our vast experience in construction law and Adjudication makes us uniquely qualified to handle various construction disputes, ensuring your rights are effectively represented and adjudicated.

How can I discuss my construction dispute and Adjudication options with IC&R?

To discuss your construction dispute and explore Adjudication options, feel free to contact us via our contact form or call us directly. Our team is ready to evaluate your rights and provide the best Adjudication solutions tailored to your needs.