As a result of the legislation in both jurisdictions Adjudication is now a statutory right to any contracting party involved in engaging or providing construction services. The process is designed to be a fast track way of resolving disputes, albeit in a temporarily binding manner, with a view to maintaining the cash flow of the parties (and the industry as a whole) and allowing them to have a decision on their dispute made by an independent third party.

Although sometimes referred to as ‘rough justice’, the primary reason for the success of adjudication is the speed of obtaining an independent decision on a disputed matter. The process was designed for ease of use by contracting parties however it is strongly advised that before commencing any action that you receive advice from someone with relevant expertise.

Drawing upon a wealth of knowledge and experience including construction, quantity surveying, commercial management, law and ADR, Elemental can provide a range of key services to clients whether they are ‘Referring’ or ‘Responding’. These services include:

  • General guidance and advice on the step by step process of Adjudication
  • Drafting a Notice of Adjudication
  • Drafting a Referral Notice
  • Drafting Responses, Replies or Rejoinders
  • Advocacy and party representation

Jarlath is a member of the adjudicator’s panel of the Society of Chartered Surveyors and the Chartered Institute of Arbitrators.