Adjudication in the construction industry was introduced as a form of dispute resolution which could be called upon by either party to resolve a dispute without the need for resorting to the Courts and with minimum delay. For larger projects it allowed disputes to be resolved whilst contractual work continued.
Once the process has begun a decision is usually given by an Adjudicator within 28 days. A disgruntled party, unhappy with the decision may feel that he has been subject to a “rough and ready” process and as such is unwilling to pay. Unlike a Court Judgment an Adjudicator’s Decision does not put the successful party in a position where they may immediately enforce the Decision through the traditional means afforded to successful parties by the Court.
A party who has a Decision in their favour may however apply to Court, by way of a separate claim, to enforce the determination if the unsuccessful party has not paid within the prescribed time limit set by the adjudicator.
The Technology and Construction Court is the usual forum for such Applications. In the spirit of the legislation that introduced Adjudication, the Court’s approach allows for such applications to be fast tracked through the Court to judgment.
The time given for the return of the “Acknowledgment of Service” of the claim can be as little as 4 days. Application is then lodged with the Court requesting that the matter be dealt with under the Summary Judgment process as opposed to a trial. In practice the application will be lodged at the same time that the process is issued and the Court will immediately give the Application a date for early hearing. The entire process from issuing the claim to a final hearing will usually take 3 and 6 weeks (dependant on listing time available) in contrast to the usual 6 months to 1 year experienced by many parties taking different proceedings through the Courts.
The construction team at Last Cawthra Feather Solicitors have now been involved in numerous applications to enforce Adjudicator’s awards and are regularly instructed to appear in the Technology and Construction Court.
Accredited Mediator Ragan is a Partner in the Commercial & Dispute Resolution department at Last Cawthra Feather advising on a wide range of commercial and property disputes.
As an advocate of Alternative Dispute Resolution, she can advise on the most appropriate way of resolving disputes, both through the courts and by way of alternative methods such as mediation.
Should you have an Adjudicator’s Award which remains unpaid and/or you simply wish to discuss the above process in a little more detail, please contact Ragan Montgomery on 01274 848800 or email rmontgomery@lcf.co.uk
