Typical construction adjudications take place over 28 days; which leaves very little time to prepare effective legal arguments and persuasive supporting evidence.
At ORJ, we specialise in adjudication and are proud of our record of success.
Whether you require a notice of adjudication, referral notice or response, ORJ’s team will act swiftly and decisively to advise on your construction dispute and to prepare all necessary documentation on your behalf.
ORJ can also advise upon specific legal issues; which might be relevant to adjudications and potential challenges to the adjudicator’s jurisdiction.
The Adjudication process is designed to protect cashflow; however, it only does so successfully if decisions are paid promptly.
Once a decision has been received, if you are not paid, ORJ can take enforcement proceedings on your behalf by applying for judgment in the Technology and Construction Court utilising the bespoke enforcement procedure developed by it.
We can also advise on potential challenges to enforcement, including breaches of natural justice, adjudicator bias and insolvency.
Expert Construction Lawyer, Michael Smyth has more than 10 years’ specialist construction law experience. He has completed and passed the RICS Diploma in Adjudication and has built an ever-expanding portfolio of work for a diverse range of construction clients.
a) Adjudication Referrals
If you are involved in a construction contract dispute, you have three options:
Where it is simply not possible to reach an agreement, which could be for a myriad of reasons, adjudication can offer a much quicker and cheaper solution than litigation or arbitration.
In order to make a referral it is necessary for any dispute to have crystallised and for a notice of intention to adjudicate to be issued. If either of these steps have not taken place then it will be impossible for a binding adjudication decision to be obtained.
As well as ensuring that the adjudication procedure is followed correctly, it must also be dealt with very swiftly. A referring party has only seven days from its notice of adjudication to supply all of the evidence it relies upon and a referral notice detailing all of its arguments to the responding party and the adjudicator.
At ORJ, we don’t just have the right answers, we work quickly and effectively to provide you with the resolution you need within the shortest possible timeframe.
b) Responding to an Adjudication
Being the responding party in an adjudication can be incredibly challenging.
The respective positions of the referring and responding parties are starkly different in terms of preparation time. A referring party may take many weeks or even months preparing the paperwork necessary to produce a notice of adjudication and referral notice.
A responding party usually has only a week to produce the response to the referral notice (although this can be extended by the parties or adjudicator), which will often need to be every bit as detailed and supported by relevant evidence as the referral.
ORJ’s construction team specialises in producing compelling responses to adjudications; however short the available timescale might be. We are experts at getting right under the skin of every issue, however complicated, to ensure that we can deliver your commercial objectives in relation to any dispute.
c) Enforcing an Adjudicator’s decision
It is sometimes easy to imagine that obtaining a favourable adjudicator’s decision means that the hard work is done. Unfortunately, getting paid is often the most difficult part of any adjudication process.
The enforcement procedure relating to an adjudication process has been specifically developed by the Technology and Construction Court and is much shorter than many comparable court processes. Although it is more straightforward than a normal court claim, there is still considerable work that must be undertaken to complete the enforcement process and maximise the prospect of success (which should be very high).
ORJ’s team is very familiar with the successful enforcement of adjudication decisions and is ready to assist you, whatever stage of the process you have reached.