Adjudication is often the preferred method to resolving construction industry disputes and in many cases is now required in construction contracts to help avoid the possibility of lengthy business interruptions.
Construction disputes can arise due to many variables, such as quality, cost, delays to build, overspending on budgets, amended design or even liquidation.
Jonathan Chadwick, managing partner of Commercial Law at Stephensons, said: “Referring a dispute to adjudication is almost certain to happen to any professional involved in the construction sector at some stage of their careers”.
Adjudication provides many benefits such as a quick and intense determination of disputes, with a 28-day turnaround to receive a legally binding decision. It can also be more cost-effective than other routes such as arbitration or litigation. But the costs can still be substantial if not controlled, and can leave those involved feeling vulnerable to the uncapped costs they may be liable for.
As with any construction disputes, having the right access to technical support from qualified surveyors, architects and quantity surveyors is vital.
By Karen Baron, Business management consultant
Stephensons Solicitors LLP is offering a product called Adjudic-ATE in response to the uncertainty associated with the cost of adjudication. Email me for more information: kba@stephensons.co.uk
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