Adjudication Does What It Says On The Tin:
TDR Quantity Surveying Services participated in an adjudication in late 2016 on behalf of an Irish client. This was a contract specified means of dispute resolution, as opposed to statutory adjudication introduced by way of the Construction Contracts Act 2013, and it followed the TeCSA Adjudication Rules. Notwithstanding this, the process was very much as set out in the Construction Contracts Act 2013 and the Code of Practice. The highlights were:
- The adjudicator extended the 28 day period to a 42 day period with the agreement of the Referring party (TDR’s client). He allowed no further extensions thereafter.
- A number of jurisdictional challenges were made that could have stalled the process. The Adjudicator dealt with each one of these succinctly and without fuss.
- In the interests of natural justice the adjudicator allowed a one day meeting, as opposed to a hearing.
- For jurisdictional reasons the one day meeting was held between the parties and the Adjudicator in London.
- For the meeting the Adjudicator set out a clear agenda and was firm in applying it. The agenda ensured that the Referring Party had adequate time to set out its claim and the Responding Party had sufficient time to understand the case against it and to set out its defence.
- The Adjudicator used the meeting to clarify conflicting facts.
- Additional submissions were requested and allowed.
- The reasoned Decision was issued on time.
What can TDR emphasise:
The defining of the Dispute is crucial from a jurisdictional challenge perspective. Therefore, TDR would strongly recommend that the Referral Notice (Claimants Submission) is completed prior to the issuance of the notice of intention. This ensures that the notice of intention and the Referral Notice are aligned and do not contradict each other.
The vast majority of UK adjudications are based on written submissions only and there is the potential for the same to occur in Ireland. This means that it is possible that the only medium through which you can persuade the Adjudicator of your case is by the written submission. Therefore, it is essential that the Referral Notice clearly sets out the basis and facts of the dispute, is adequately detailed, and accurately cross referenced to any appendices.
The linkage between cause and effect is critical and time must be taken in properly establishing the linkage and articulating it clearly. This specific adjudication highlighted to us that:
- It provides prompt justice.
- It greatly assists cash flow.
- It resolves disputes in a very short time frame.
- Adjudication should certainly be of substantial benefit to the Irish construction industry.
- Records, Records and more Records are paramount.
TDR, and more importantly its client, was very satisfied with the speed of the process and the outcome, both in respect of the declarations made and the quantum received in the Adjudicators decision.
In summary it certainly appears to do what it says on the tin!
