Found yourself in a dispute? Thwithinking of going through the adjudication process? You will definitely have to know the basics that may save you!
Before you start with the adjudication procedure, knowing all of the answers to your basic questions on your mind may give you ideas on which will going to happen.
Here are the 5 things you will need to remember when going right through an adjudication
1. Claimant can only start the adjudication
Only the person making a payment claim can file for adjudication. This usually happens once the payment is not claimed by the date stated in the contract.
2. It is not a court process
The adjudication process is not a court process. Payment disputes can be settled by written submissions. It really is an independent and informal process which will help you in resolving a dispute claim quickly and inexpensively.
However, there are turn of events that may eventually lead to a court trial.
3. There are strict timelines once you apply
When a payment schedule is less than claimed, it is certainly possible to apply within days after the transaction schedule has been received.
When the respondent fails to pay the whole or any part of the payment schedule by the due date, you can apply within days after the due date for payment.
When a respondent fails to provide a payment schedule and fails to the whole or any part of the claimed amount by the due date.
The respondent is to be notified within days of the payment due date of the claimants intention to apply for adjudication;
The respondent must be given 5 days to provide a payment schedule after receiving the notice of intention; and
The adjudication application must be made within days of the 5 day payment schedule period.
4. You have to pay
There are corresponding costs for adjudication. You have to pay for the adjudicator fees, the Authorised Nominating Authority (ANA) charges, and other expenses.
You can minimise the fees depending on the type of your dispute or when the parties submissions clear, concise, and complete. Dont worry because you and the respondent will pay the adjudicator charges equally unless the adjudicator says so.
5. There are required documents
The goal is to reach a dispute resolution by adjudication to prevent the situation from proceeding to court. When an ANA gives you an adjudication application form, your software must:
be in writing
request the nomination of an adjudicator
be lodged with the ANA within the required time
be served upon the respondent at the same time
be accompanied by any ANAs application fee
include a copy of the payment claim
include a copy of the payment schedule (if any)
include all information in support of the claim that you would like the adjudicator to consider, and
include a copy of the contract.
Need someone to guide you? Learn more about the adjudication process
Get info directly from a construction lawyer! Contracts Specialists principal lawyer, John Dela Cruz, can guide you with all the necessary steps you will need to take when going through adjudication. With his extensive knowledge and experiences in dealing with construction law matters, you could be confident that you are getting the expert advice.