Adjudication - Common Questions

We are often asked  "can I adjudicate?"; "I did not serve any notice, but do I still have to pay?"; "can I recover my costs?".

The answer to these questions is not as straightforward as you may think.  Adjudication is an ever-evolving process due to innovations in technology, the complex nature of construction contracts, and the flow of new construction case law.  So, our advice to you would be to consider the following:

1.Do you have a dispute?  Case law has found that a dispute does not need to be given a complicated definition, a normal dictionary can be used to define it.

2. Has your dispute 'crystallised'?  i.e., can it be said that both parties know about the dispute?  Case law has held that even if the other party to the dispute ignores the claim, it can still be said that the dispute is known to both parties.