Adjudication is a mechanism for the resolution of the construction disputes raised through the issuance of the "Notification of Adjudication" due to a receipt by a party of a "Notice of Non-Payment" as well as other disputes. The mechanism promises to be extremely timely, efficient and cost effective when compared to the lengthy, inefficient and expensive lien, Court and other processes in use today.
The adjudication processes will not be voluntary: any party to a construction contract or subcontract will be able to submit a dispute to be adjudicated. The Adjudication Time-Frames, however, will be very strict and short. Participants will have little time to submit and respond to claims. Accordingly, owners, contractors, subcontractors, consultants and suppliers will all have to put systems in place if they are to manage, and take advantage of, the changes.
Our embrace of the culture shift in litigation leaves us well suited to assist our clients to prepare for and participate in adjudication. For more detailed information on Adjudication, as well as the other changes coming with the Construction Act, see the Articles set out in our Blog.