Faster. Cheaper. Fairer? Adjudication explained - Part 2: Responding party's response, adjudicator's decision and enforcement

Dec 10, 2013 |NBS

When Adjudication was first introduced, it was seen as a low cost, quick fix method of resolving construction disputes. However, over the 17 years since its introduction, it has developed its own wealth of legal case law and numerous formal procedures that require strict adherence. Swift it might be, but fall foul of the procedure and it could have dire financial consequences.

Part 2 of the programme will deal with the responding party’s Response, the Adjudicator’s decision and enforcement.

Key learning points:

  • Potential procedural challenges to a Referral Notice
  • How to draft the Response
  • The nature of the Adjudicator’s decision
  • How to enforce an Adjudicator’s award

About the contributors

Hay & Kilner Solicitors is one of the leading law firms in Newcastle upon Tyne. They offer a complete commercial and personal legal service to clients – locally, nationally and overseas.

Graham Sutton is a Construction Law specialist at Hay & Kilner with 30 years’ experience in both contentious and non-contentious matters including Adjudication, Alternative Dispute Resolution, Collateral warranties, Development agreements, Professional advisers’ agreements and Professional negligence. He has represented employers, contractors, subcontractors and consultants in all forms of dispute resolution procedures. Graham is named as a “Leading individual” in his field in Chambers Guide UK, an independently researched guide to the legal profession.

Rodney Jones is a Partner at Hay & Kilner, in the Commercial Disputes team and has many years of broad experience in a range of litigation matters. He is committed to exploring forms of alternative dispute resolution, including mediation, to find the optimum solutions for his clients.

Jan Rzedzian is a trainee solicitor at Hay & Kilner and assists on matters including Adjudication, Alternative Dispute Resolution, Collateral warranties, Development agreements, Professional advisers’ agreements and Professional negligence.

RIBA CPDDisclaimer: NBS TV programmes are the intellectual property of RIBA Enterprises and it shall be a breach of this right to copy, or in any way exploit commercially or show in public any of the programmes without the express permission of RIBA Enterprises.
The information contained in the programmes is not intended and accordingly shall not be relied upon either as a substitute for professional advice or judgement or to provide legal or other advice with respect to any particular circumstance. RIBA Enterprises accepts no responsibility for loss occasioned to any person acting or refraining from action as a result of the information contained in the programmes.
 

Our latest articles

Designing sustainability into construction – proof over promises in sustainable construction

With tightening regulations and growing client demand, the construction industry is under increasing pressure to demonstrate measurable progress against carbon reduction targets. For specifiers, that means ensuring every product installed stands up to scrutiny, not just in material, but in source, traceability, and lifetime carbon footprint. JELD-WEN, a specialist timber door, door kit and doorset manufacturer, explains the critical considerations when selecting sustainable materials.

Sponsored

Dulux Trade launches new solution for high-humidity spaces

Because of how they are used, kitchens and bathrooms experience more moisture, more contact, and more ongoing maintenance. Standard emulsions are not designed for this level of use. Over time, finishes can lose their appearance or fail to cope with the environment. Kitchens and bathrooms benefit best using a product formulated specifically for their daily demands.

Construction ProductsSponsored

The hidden cost of compliance: why architects are demanding a new era of product transparency

Few pieces of legislation have reshaped the UK construction industry as significantly as the Building Safety Act 2022 (BSA). Introduced to improve accountability, traceability and safety standards across the built environment, the legislation has fundamentally changed the responsibilities placed on architects, contractors and manufacturers. While the principles behind the Act are widely supported, the reality for architectural practices is proving more challenging than many anticipated.