Adjudication & getting paid
Adjudication in Construction
If you’re in Construction at some time you have struggled to obtain payments Main Contractor or Clients alike, likewise you may have had disputes with your supply chain, do you require dispute resolution and contractual support before you sign up to commitments or lawyers.
You may have heard of Adjudication but aren’t sure what it involves, how to go about ensuring a win, or how much it will cost?
If you need to resolve a dispute and collect your cash quickly, there are several options before committing to expense. Our expertise as construction adjudicators and mediators will guide you through the process, prepare the submissions, and oversee the process with you having as much, or as little, involvement as you prefer.
CIBER has helped its clients to resolve disputes ranging from £10,000 to £100 Million in value. Often, an initial contact is all that is required to bring the problem to a head and to facilitate negotiations. Our support at the negotiating table has proved highly beneficial in obtaining much fairer settlements for our many Subcontractor clients, of all trades, and in unlocking their unpaid cash.
However, once a dispute has manifested itself, it usually means that the other party has made a positive decision not to pay you, or to agree to grant the required extension of time. In these situations, CIBER regularly provides a full Adjudication service to its Subcontractor clients.
With your input, we prepare and submit all the necessary formal adjudication documentation, arrange for the appropriate appointment of an experienced Adjudicator, and manage the process up to the obtaining of a Decision for you.
In well over 400 Adjudications to date, we have been very successful in all but 1% of our cases; with those loses being covered by insurance for our clients, whereby they paid no fees.
In addition to Adjudication, we are equally able to advise upon and represent our clients in other forms of dispute resolution, including mediation, arbitration and expert determination. CIBER has successfully represented many Subcontractors, and Employers in numerous Adjudications concerning:
Defects and associated rectification costs
Extensions of Time
Loss and Expense
Damages for Breach of Contract
Loss of Profit
Adjudication was made part of the UK’s Construction Law in 1998 via the Housing Grants, Construction and Regeneration Act. Most construction contracts hence have the right to refer disputes to Adjudication, whether the Contract provides for it or not. Once commenced, Adjudication is a 28-day process, with the Adjudicator’s Decision being interim binding on both parties, and enforceable at law if necessary.
If you are owed money under a construction contract or subcontract, the likelihood is that CIBER will be able to successfully recover payment on your behalf, either via Negotiation, CIBER, or using the power of Adjudication.
We will firstly review the strengths of your case with you, and then agree the strategy needed to obtain funding of your case, then work out a strategy to obtain a positive enforcement.
In many cases, we can offer a fixed fee arrangement, or even a no-win-no-fee service which allows you to reduce your payment risk to payment zero in the unlikely event that the Adjudicator does not decide in your favour.