Fixed Price Adjudication, whether under the Housing Grants, Construction and Regeneration Act 1996 or according to the specific terms of a construction contract, can be a quick, efficient and cost-effective way to resolve disputes in the construction industry. Disputes are determined by an Adjudicator, who is an experienced construction lawyer or an independent construction professional in most cases.
The Adjudicator’s decision is binding upon the parties and must be complied with, but not necessarily final as it may be revisited by arbitration, a definitive account adjudication or a court of law. One of the advantages of Adjudication is to allow works to continue and help with cash flow until the matter is resolved.
For the party referring to a dispute, the 28-day timescale allows for a speedy resolution that protects cash flow and minimises disruption and delay on-site, provided the referral is carefully drafted to avoid any successful challenges.
Furthermore, for the party responding, the issues raised by the referral must be mastered to ensure that a comprehensive response that advances all available arguments on the jurisdiction and merits can be submitted within the seven-day response window.
Our specialist Construction Law Team has the experience and skills to help clients through the process. In conjunction with a specialist set of Construction and Engineering Barristers, we can offer a fixed fee adjudication scheme so that you know the actual costs incurred.
For payment disputes based on a payer’s failure to serve a valid Payment Notice and valid Pay Less Notice and subject to our assessment, the claim is suitable for the fixed fee scheme.
Our work under the Fixed Fee Scheme will include the following:
For a Referring Party (if you are commencing a claim in Adjudication):
- Advice on merits and strategy.
- Drafting Notice of Adjudication, Referral Notice and Reply (if required).
- Reviewing and drafting Witness Statements.
- Correspondence with the other party and the Adjudicator.
- Attendance and representation at any Hearing directed by the Adjudicator (limited to hearings of one day or less).
For a Responding Party (if you are defending a claim in Adjudication):
- Advice on merits and strategy.
- Drafting Notice of Response and Rejoinder (if required).
- Reviewing and drafting Witness Statements.
- Correspondence with the other party and the Adjudicator.
- Attendance and representation at any Hearing directed by the Adjudicator (limited to hearings of one day or less).
Adjudication costs are usually not recoverable from the other side, even if successful. However, the costs associated with the enforcement of an Adjudicator award are usually recoverable through the courts.
Exclusions
- The cost of nomination fees of the Adjudicator is excluded, and these are typically between £400 & £450
- Costs of any rejoinder and surrejoinder and any further submissions are excluded.
- Costs of Counsel’s advice on any matter are excluded
- Enforcement of an Adjudicator’s award is excluded within this fixed fee scheme
Contact us at office@ciberadr.co.uk for a free assessment and fixed price quote for your Adjudication.
