Adjudication
Our expert ADR solicitors at P.A. Duffy & Co have vast experience supporting and representing parties who wish to resolve their commercial contractual disputes via adjudication. Our friendly and approachable ADR team will ensure that the adjudication process runs as smoothly and as stress-free as possible until a binding decision is made.
Let's Talk
no obligation
What is adjudication?
Adjudication is a cost-effective, straightforward, and relatively quick method which is utilised to resolve disputes and enforce a decision without recourse to the Courts. Adjudication is commonly utilised to resolve construction disputes but can be an effective mechanism to resolve any dispute relating to payment issues, breach of contract and contract termination and much more.
What does adjudication involve?
Firstly, an agreed adjudicator is named in a contract between the disputing parties. The adjudicator will be independent and appointed from a professional adjudication body.
The process involves one party sending a Referral Notice to the adjudicator and the other party filing a response. Then the adjudicator will lead the resolution with reasonability and confidentiality until they provide a final, binding decision. Adjudicators will usually provide their decisions within 28 days, depending on the facts. This decision binds the disputing parties, and both parties usually accept the adjudicator’s verdict without seeking further engagement with the court.
Who can partake in adjudication?
Adjudication can be used by anyone involved in a commercial contractual dispute, although it is dominantly used to resolve commercial construction disputes. Please note that construction adjudicators are usually construction professionals such as engineers or quantity surveyors with expert knowledge in the field.
Advantageously, these parties can exercise their statutory right to refer the dispute to an adjudicator to resolve the dispute privately, without the need for lengthy and expensive litigation.
Where is adjudication most appropriately used?
Adjudication is essential for the following cases:
Disruption to the construction process
Payment issues
Breach of contract
Contract termination
Defects in construction projects
To speak to our alternative dispute resolution solicitors in Dungannon and Belfast, call us on 028 8772 2102. We will talk through your situation with you and discuss what the first steps are in bringing an adjudication. We can also answer any questions you may have.
Alternatively, you can fill in our online Contact Form and we will ring you.
FAQs
How is the adjudicator selected?
An adjudicator may be named in the initial contract between the parties, this contract could list a nominating body, who will select an adjudicator for the dispute. However, if the dispute has arisen and there is no record of a nominating body in the contract, then both parties can negotiate and agree upon an individual to act as the adjudicator.
Often, the parties cannot reach an agreement, therefore the party responsible for referring the dispute to adjudication may make an application to a nominating body, and within five days the nominating body will notify the parties on the appointed adjudicator.
Can I withdraw from an adjudication?
Yes, you can withdraw from an adjudication if you are the party responsible for bringing the dispute before adjudication. However, you will be liable for the cost of the adjudication and the adjudicator’s fees.
However, if you are the countering party to adjudication, and you wish to withdraw from the adjudication then the adjudication will proceed in your absence. It is important to note that, if the adjudicator makes a final decision against you, you must adhere to it as the adjudicator’s decision is binding.
Does the adjudicator make the final decision?
Most adjudication decisions are accepted by the parties; however, this is not always the case with some parties. Both parties have the legal right to bring the dispute before the court if they are not happy with the adjudicator’s decision. However, if you decide to pursue with court, you must still adhere to the adjudicator’s decision until the court rules otherwise.
Who pays for the adjudication fee?
This depends on the terms listed in the contract, however in standard cases both parties are liable for the adjudicator’s fees. It is also possible for the adjudicator to decide how much each party is to pay towards their fees. The successful party is usually not required to pay the fees however if the unsuccessful party fails to pay the fee, then the successful party must pay.
What if you are unhappy with the adjudicator’s decision?
If you are unhappy with the adjudicator’s decision, please note that (while it cannot be appealed) it can be overturned by a higher authority, such as by the courts or arbitration, which we can also attend to you as your Solicitor. For example, we can help you present this matter before the court by applying for the ‘summary judgement’.
Our ADR team will be here to help you during this entire process by providing you with expert advice and consistent contact.
Get in Touch
Speak to us with No Obligation
Our team of expert solicitors will be happy to assist you with your enquiry without any obligation to use our services. Contact us using your preferred method and we will gratefully assist.
Contact Details
Call Us From Northern Ireland
028 8772 2102Mon-Fri 9am-5pm
Call Us From Republic Of Ireland
01 533 7860Mon-Fri 9am-5pm
Contact Our Solicitors
Please fill out the simple form below and we will contact you as soon as possible
Our Alternative Dispute Resolution Solicitors
Kieran QuinnDirectorMore About Kieran
Ellen BatesTrainee SolicitorMore About Ellen
Emma McCaulSolicitorMore About Emma