Tue 13 Oct 2020

What does this mean? Commonly used terms in Adjudication

Adjudication has a number of terms which are unique to the process, these terms will be used on a number of occasions over the next 14 weeks and can be summarised as follows:

  • Crystallisation - giving notice to another party of the issue in dispute.
  • Days - calendar days not working days.
  • Final determination - court proceedings or arbitration to provide a final and binding decision on the dispute.  This is not an appeal but a full rehearing of the claim.
  • Interim Binding - an adjudicator's decision is binding on the parties until finally determined.
  • Joint & Several - parties' liability for the adjudicator's fees.  If one party does not pay, the adjudicator can seek payment from the other party who in turn will have to recover that sum from the non-paying party.
  • Jurisdiction - what the adjudicator has power to make a decision on.
  • Nominating Body - the body stated in the contract to appoint the adjudicator.
  • Notice of Intention to Refer - the document which sets out a party's claim and formally starts the adjudication.  It is also the document which gives the adjudicator jurisdiction
  • Referral - the document which must be served within 7 days of the Notice of Intention to Refer, giving further particulars of the claim and is vouched with evidence.
  • Referring Party - the party making the claim.
  • Respondent - the party responding to the claim.
  • Response - the written submission by the Respondent responding to the Referral.
  • Reply - the Referring Party's written submission responding to issues raised in the Response.
  • Rejoinder - the Respondent's written submission responding to issues raised in the Reply.
  • Sur-Rejoinder - any written submission after the Rejoinder.
  • The Scheme - Scheme for Construction Contracts (Scotland) Regulations 1998 (as amended in 2011).

Next week we will explain the adjudication process.   If you haven’t read our week one adjudication blog it can be found here.

Should you require any assistance with adjudication, we have a large and experienced construction team who regularly deal with adjudications and we would be happy to discuss the process with you. 

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