This episode, presented by Bill Barton of Barton Legal, focuses on adjudication as a method of dispute resolution within the construction industry.

Bill outlines what adjudication is, when it can be used, and provides a concise outline of the process from start to finish. 

Key takeaways from this episode include:

• What is Adjudication? A quick and temporary (but usually binding) method of dispute resolution specifically for the construction industry. It aims to address the frequent disputes and cash flow concerns common in construction.
• Common Disputes: Adjudicated disputes often include delay claims, defects, final accounts, and issues with contractual notices.
• Who Can Adjudicate? Any party to a construction contract can adjudicate. Bill defines a "construction contract" broadly but notes exceptions. For example, a collateral warranty is generally not considered a construction contract.
• Specific Exclusions: Certain disputes cannot be adjudicated, such as those involving drilling for oil or gas, nuclear energy works, and some chemical works, as listed in Section 105(1) of the Construction Act. 
• When Can You Adjudicate? A dispute must have "crystallised," meaning it has been clearly and specifically put to the other side, and they've had an opportunity to respond. If a dispute hasn't crystallised, the court is unlikely to enforce an adjudicator's decision.
• The Adjudication Procedure: Bill outlines the steps involved, including a notice of adjudication, the appointment of an adjudicator, referral notices, time for response, further submissions, and the final decision.
• Binding and Enforceable? Adjudication decisions are temporarily binding and usually enforced by the Technology and Construction Court through summary judgment. However, the court may refuse enforcement in some cases.
• Finality: Unlike court decisions, adjudication decisions are not final. The losing party can seek a final determination through other forums like litigation or arbitration, which would involve a full re-assessment of the case.

Bill explains that adjudication involves very short timescales compared to normal litigation, and he encourages viewers to contact Barton Legal for more information or advice.

More Barton Legal

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