In the construction industry, disputes are often time-sensitive and can result in significant delays and financial strain if not resolved promptly. Adjudication is a key method of resolving disputes efficiently and cost-effectively without the need for lengthy and expensive court proceedings. It is a statutory right under the Housing Grants, Construction and Regeneration Act 1996 (the Construction Act) in the UK, making it a popular choice for resolving construction disputes quickly.
Adjudication offers a swift, interim decision on disputes, which can be enforced immediately, allowing projects to continue moving forward while maintaining business relationships. At Sunderland Ives, we combine our technical expertise, legal knowledge, and in-depth experience of construction contracts to represent parties in adjudications, ensuring that our clients' interests are protected throughout the process.
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At Sunderland Ives, we have extensive experience guiding clients through the adjudication process. Our consultants possess the technical, contractual, and legal expertise required to represent parties effectively, whether you are initiating an adjudication or defending against one. We understand the urgency of adjudication and are committed to providing proactive and professional support to achieve favourable outcomes.
OUR SERVICES INCLUDE:
Strategic advice: We provide strategic advice to help clients decide whether adjudication is the most appropriate dispute resolution method for their case. Our team assesses the strength of the claim or defence, evaluates the potential risks and rewards, and develops a clear plan to achieve the best outcome.
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Adjudication preparation: We assist clients in the preparation of their claims for adjudication, ensuring that all documentation, evidence, and arguments are well-organised and presented clearly in a format worthy of adjudication. This includes preparing the Notice of Adjudication, Referral Notice, and supporting materials, such as technical reports and cost assessments.
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Defence and counterclaims: If you are on the receiving end of an adjudication, we help prepare a robust defence including potential counterclaims, ensuring that your position is protected and that all relevant defences and justifications are raised in response to the claimant's submissions.
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Expert analysis and reports: Our team’s background in quantity surveying, planning, contract administration, and commercial management allows us to provide expert reports on matters such as delay analysis, quantum, and defects. These reports support your case with clear, authoritative analysis.
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Representation and advocacy: We have significant experience in representing clients throughout the adjudication process, including preparing submissions and, where necessary, acting as advocates in meetings or hearings before the adjudicator.
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Enforcement: Should the adjudicator’s decision be favourable, we assist in enforcing the decision if necessary, ensuring that the other party complies or, if required, helping to seek a court order for enforcement.
WHY CHOOSE SUNDERLAND IVES FOR ADJUDICATION?
Expertise across contracts: We are highly familiar with all major forms of construction contracts, including JCT, NEC, FIDIC, IChemE, and bespoke agreements. This allows us to tailor our adjudication strategy to the specific contractual framework governing the dispute.
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Comprehensive technical and legal knowledge: Our consultants are not only legally qualified but also bring deep technical expertise in areas such as forensic delay analysis, quantum analysis, and defect evaluation. This ensures that we can present a strong, well-rounded case in adjudication.
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Proven track record: Our consultants have an extremely strong history of successfully representing contractors, subcontractors, and developers in adjudications, helping them secure favourable decisions and protecting their interests.
Client-focused approach: We work closely with our clients to understand the specifics of their disputes and tailor our approach to their objectives. Whether you are seeking quick resolution or positioning yourself for further dispute resolution, our approach is designed to achieve your goals efficiently.
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In conclusion, adjudication is an essential tool for resolving construction disputes swiftly and efficiently, ensuring that projects can continue without being stalled by lengthy legal battles. With Sunderland Ives’ technical expertise and comprehensive support, we help clients navigate the adjudication process and secure timely, cost-effective solutions to their disputes.