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.

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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.
 

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