Adjudication
What is adjudication?
The adjudication process is controlled by the Act which spells out in some detail the steps which need to be taken in making or responding to a claim.
Be aware however that the process is a legal one and has legal consequences. The proceeding is underpinned by a strict timetable around which the Adjudicator has little discretion.
So Sam recommends that you take advice before you get started. Better still have your solicitor or someone expert in construction claims involved in preparing the papers that are required. To be successful you need to focus on the relevant issues and shape your case and the relief you seek accordingly.
Bear in mind that the Adjudicator must be independent at all times and so is not available to give you this advice.
How to get started?
Any party can make an application under the Act so long as they have status, and so unlike arbitration or mediation your agreement to the other party making that claim is not required. An early step will be to agree on the Adjudicator who will decide your dispute. If the parties can’t agree you will need to apply to a Nominating Authority to appoint one. See for example the Building Disputes Tribunal, AMINZ or Fairway Dispute Resolution services. Sam suggests that you take advice from your own lawyer as to whether it is right for your situation and how to get started.