Adjudication

Adjudication usually refers to adjudication of building and construction disputes under the Construction Contracts Act 2002.

The Construction Contracts Act came into force on 1 April 2003. The Act provides quick and simple dispute resolution procedures and remedies for construction payment claims and building defects.

The purpose of the Act is to

·       facilitate regular and timely payments to parties in construction contracts,

·       To provide a method for “speedy” resolution of disputes,

·       To provide remedies for the recovery of payments under a construction contract.

This is a statutory process where the determination by the adjudicator is binding and enforceable but not final.  Arbitration or litigation can continue in parallel with an adjudication or can be initiated after the adjudication determination is delivered.

The parties can agree on the adjudicator to be appointed or failing agreement can seek a nomination from an Authorised Nominating Authority.

For a 7 point guide to adjudication and how to make an appointment click here.