Top tips for adjudication
by Mark Woodward-Smith, Group Managing Director -
Systech International has represented both claimant and respondent parties since the introduction of adjudication 20 years ago. We offer a unique one stop shop service which combines our dispute resolution, cost, forensic planning, expert and legal specialists under a single point of responsibility. Here are our top adjudication tips:
- Is there an alternative? Can we talk our way to a resolution? Jaw, jaw is better than war, war
- Get in first! Claimants are more successful than respondents
- Agree your strategy. Is this adjudication the first in a planned series? Which issues are best dealt with first? Can a precedent be established which would open up payment of other issues?
- Can I adjudicate? Has the dispute crystallised and does it relate to “construction operations”?
- Be prepared. Do you have the necessary evidence and supporting materials; records, witness statements, expert reports, delay analysis, quantum calculations? Will key people be available?
- Make sure the notice strictly covers the key items in dispute and anticipates the defences of the opposing party
- All documentation should follow the KISS principle; keep it simple stupid
- When appointing the adjudicator, follow the contract and the rules of the relevant body
- Raise any objections to the adjudicators jurisdiction quickly and include a statement in all further submissions that they are without prejudice to your objection
- Consider paying now, arguing later
- Keep talking!
- Read the decision very carefully; read what it actually says, not want you want it to say!