No matter how accurately a contract is drawn up and procedures followed, from time to time, human nature being what it is, disputes arise. Mostly the different parties are all acting responsibly and honestly; but in some instances people may act less honourably.
Construction Adjudication is a process whereby a qualified, independent person is appointed to assess the situation and make a speedy decision when a contract is in dispute and cannot be resolved by the parties involved. The process is applicable or implied by statute to all commercial construction contracts and may be contractually applicable in residential construction contracts. It was introduced originally into UK construction contracts by the Construction Act . Whilst in theory it provides only a temporarily binding decision, with which both parties must comply until overturned or varied by the courts, arbitration or agreement, in practice many disputes are finally resolved by adjudication.
Nick Walden BA,MCIArb
I am a qualified as a Construction Adjudicator through the Chartered Institute of Arbitrators and a Member of the CIArb, which I expect shortly to upgrade that to Fellow. I currently serve on two of the Adjudicating Nominated Bodies, the RIBA and constructionadjudicators.com. My profile can be seen on their website www.constructionadjudicators.com
- Member Chartered Institute of Arbitrators (2009)
- Certificate in Adjudication (CIArb, 2008)
- Accredited Adjudicator (CIArb Accelerated Route to Fellowship, 2011).
Whilst I am qualified to act as an adjudicator I can also provide advice to parties contemplating adjudication or who need quickly to defend a dispute which has been referred to adjudication. In the last five years I have been appointed adjudicator on approximately 20 occasions, and have acted as party representative, mainly to SME Contractors and Sub-contractors on many other occasions, in disputes ranging in value from £5,000 to over £1M.
If you have any issues that you think might escalate to a dispute, please contact me. My legal qualifications combined with over 35 years experience in the construction industry should give you every chance of achieving a satisfactory outcome in the shortest time possible, at a reasonable cost.