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Alexander Paul
A Great Little Law Firm
Adjudication
Adjudication is a means for parties to a construction contract achieving a rapid interim binding resolution of a dispute under their contract, pursuant to their statutory right under the Housing Grants, Construction and Regeneration Act 1996.
Although conceived as a means of maintaining cash flow in the construction industry, the success of this procedure has attracted the attention of other disciplines and legal jurisdictions confirming its potential, through agreement of the parties, to provide a rapid resolve mechanism, which may assist the management of ongoing contractual relations, where parties find that existing management techniques are, or may be, ineffectual. It should be remembered that Adjudication, whilst providing the potential to provide a temporary (but immediately enforceable) fix within a 28 period, an adjudication decision only becomes a final resolution if the parties agree that it should be so and may be wholly, or partly, confirmed or rejected by the Court or Arbitrator seized of jurisdiction to finally determine disputes between the parties.