Construction Law: When is it right to adjudicate?

Alice Tupe introduces herself as an associate solicitor in dispute resolution, specializing in construction disputes. This series aims to explain how adjudication can benefit businesses in resolving construction disputes. Before sending a notice of adjudication, five crucial points need consideration.

The first step is to establish the right to refer a dispute to adjudication. Some contracts, like the JCT industry standard, may require parties to consider other forms of alternative dispute resolution, such as mediation, before resorting to adjudication.

Secondly, the dispute must have 'crystallized'. This means you need to have formally communicated your claim and what you are seeking to the other party in writing.

The third consideration is whether adjudication is appropriate for your specific dispute. For very large and complex disputes, the typical 28-day adjudication process might not be sufficient to address the full complexity.

Fourth, you must understand and comply with the procedural rules governing your adjudication, which are often detailed in the construction contract. This includes adhering to any specified time limits from the outset.

Finally, accurately defining the dispute in the notice of adjudication is crucial. This ensures that all relevant issues can be addressed and resolved during the adjudication process.

These five points are vital considerations before formally commencing the adjudication process by drafting and sending the notice of adjudication to the involved parties.