A Practical Guide to Adjudication and Dispute Resolution

Courses Overview:

With disputes on the increase, a knowledge and understanding of adjudication, its procedures and rules, and other means of dispute resolution such as mediation and arbitration is becoming very important, as these cases are taking up more and more of people’s time.

This 1 day course is aimed at those in the construction industry who get involved in disputes from time to time, whether on behalf of employers, contractors or subcontractors, but who do not specialise in disputes work. The course will deal with the nature of adjudication, the process and the procedures, review the Construction Act and the Scheme, as well as the procedures of the JCT and the NEC. There will also be two workshops to apply the information. The course will also consider other forms of dispute resolution such as Mediation and Arbitration.

Benefits of this course:

Gain knowledge of adjudication and what it is
Get to grips with the construction act
Understand the rules behind contract adjudication
Compare other forms of dispute resolution
Benefit from a post seminar help line

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Introduction
• History and background to adjudication, what is it?
• The process, procedures, appointment of the Adjudicator and the role
• The nature of adjudication and questions of liability
• Mediation and Arbitration

Construction Act
• Contracts subject to the Act including recent cases
• Effect of the Act and requirements for Adjudication
• Timescales and extensions
• Failure to comply with the Act
• Terms of the Contract
• Effect of the Adjudicator’s Decision
• Questions of jurisdiction and scope
• Notice of intention – timing and content
• Dispute/difference – crystalised
• Withholding/deductions

Scheme for Construction Contracts
• The Scheme rules
• Applying the rules on appointment of the Adjudicator and replacement
• Referral and further submissions
• Presenting a persuasive case
• Evidence and documents relied upon
• Power and duty of the Adjudicator
• Fees and costs
• Applying the law
• Meetings – representation and procedure
• Burden & Standard of proof
• Arguing the case
• The Decision and reasons
• Interest
• Challenging the decision

Contract Adjudication Rules
• Review the adjudication rules in the main standard form contracts including JCT, NEC, ICE etc
• Further proceedings – time and procedure

Enforcement and Recent Cases
• Enforcement of an Adjudicator’s decision – practice and procedure
• Step in/step out jurisdiction
• Set off against a decision
• Power to award costs
• Slip rule and mistakes
• Construction operations
• Contracts in writing
• Binding but not final
• Same dispute
• Framing the reference
• Pre-Conditions to Adjudication

Dispute resolution – alternatives to Adjudication
• Consider mediation – contract terms and process. Arbitration – summary of the law – practice & procedure

Practical Examples and Workshop

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