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Adjudication is a recent addition to the lawyer's armoury.

Any party to a construction contract can refer any dispute to an adjudicator, the main benefits of adjudication are,

It's quick - the Adjudication will normally be resolved in 28 days from the date of the referral.

It's inexpensive - as the proceedings do not drag on for months costs are relatively modest.

It's binding - a decision from an adjudicator must be complied with by the parties. The decision can be enforced as a judgment of the court in the event that a party fails to comply.

There is no normally no appeal from a decision of an Adjudicator. Most adjudications concern money withheld from a
sub-contractor without proper notice. The Adjudication procedure is invaluable for protecting cash flow for smaller businesses.

The adjudication process, because it is so quick, does not involve the examination of large amounts of evidence.
If either party is unsatisfied with the decision of the adjudicator it can refer the issues that were the subject of the adjudication to a court or arbitrator.

In this way the opportunity exists to re-visit earlier decisions of an Adjudicator, however, any orders made by an adjudicator must be complied with even if the matter is to be referred to another court.

It is possible to refer any dispute in a construction contract to and Adjudicator even if the contract anticipates the referral of the dispute to an Arbitrator or other tribunal.

 

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