ABSTRACT

Adjudication is a procedure for obtaining a speedy and impartial determination on a construction dispute. The decision of the adjudicator is not final, but it is enforceable and temporarily binding unless and until the dispute is finally resolved by litigation, arbitration, or agreement. Adjudication is designed to be a fast process, by which an adjudicator is nominated, arguments and evidence are presented, and a decision is given, all in quick succession. Contractual terms dealing with adjudication may be set out in the contract itself or may be incorporated into it by reference. Many organisations have standard terms which regulate adjudications and which can be incorporated by reference. Determining the appropriate moment to refer a dispute will often also bring considerations of strategy into play. A referring party will need to ensure it has properly prepared and obtained the necessary evidence for its case.