People were given the right to refer a contract dispute in the construction industry for adjudication in the Construction Act 1996. This provided an important alternative method of resolution that is both quicker and less costly.
Various types of claims can be referred for resolution in this manner including problems with interim payments, extension of deadlines for works completion, and issues with delay or disruption to work. Although not originally intended for them disputes such as breach of contract, negligence, and termination of contract may also be resolved with construction adjudication.
There are a lot of things you need to do before resolution can begin. One question you will need to ask is whether the dispute has crystallised. It is very important to understand what this means. If crystallisation has not occurred the formal steps for adjudication cannot start.
The term crystallised means that a claim has been made during a dispute. It is important that this is clear and been properly aired. The opposing party must be able to issue a response. Simply notifying one party of a claim does not automatically mean there is a dispute. Similarly a lack of response does not automatically result in a dispute; it depends on how much time passes.
At Amison Dispute Resolutions we have a strong understanding of the construction adjudication process and the array of disputes that can occur. We can work with parties in understanding their position and what they need to do in order to begin a dispute or respond to one.
We have a lot of experience and will ensure we provide the very best support and advice to all of our clients. This is a hallmark of our service and is a reason why we have such a great reputation.
If you would like to find out more about the construction adjudication process or specifically about the crystallisation of a dispute please get in touch.