If negotiations and settlements did not work, you and your building dispute lawyer may have decided to undergo the Adjudication procedure. It might be a big deal for you, but it is an informal and faster way of solving payment disputes since it is not a court case. For this process, you would instead need to seek the mediation of an adjudicator appointed by the government. This appointed one must be a natural person qualified and experienced enough to handle building dispute cases to ensure that he or she can decide on the case with authority.
If you ever wondered how an adjudicator decides on a decision in just 10 days, here are some of the things that he or she does before coming up with a decision.
Meet with both parties
The adjudicator has the right to meet with either of the two parties involved either separately or through a conference before making a final decision. This is done so that the adjudicator can either fact-check the submitted documents, check for more supporting documents, or listen and understand to each party’s comments on the issue. Also, this is a deciding factor whether there is a need to inspect the construction site or make the two parties submit other supporting documents the adjudicator needs.
Inspect their claims
It is in the discretion of the adjudicator to decide whether there is a need to personally look at the disputed site or questioned goods to further look deeper into the complaint. This will help them create the right decision as they would know the situation better, whether if the decision to be given is something that the contractor or the client can achieve given both of their situations.
The adjudicator considers the provisions of the Security of Payment Act; the questionable provisions of the construction contract of the claimant; the payment claim and payment schedule with its supporting documents strengthening the complaint; the result of his inspections of the site or goods; and his meeting of the two parties before making the final decision.
Determine on a decision
After looking at both the sites and the submitted documents, the adjudicator would need to come up with a decision. The decision usually contains the amount that the claimant must be paid with or otherwise known as the adjudicated amount, the date when it must become paid, and the payment’s interest rate. But, the adjudicator is not responsible for deciding the amount the claimant must pay the respondent, or the amount cannot be higher than what has been stated in the payment claim.
If you need help in making adjudication papers and other legal issues connected to construction, then call Contracts Specialist at 02 8096 8576. John Dela Cruz, its principal lawyer, specializes in handling building dispute cases specifically with Security of Payment issues for the past 10 years. He can assist you when you want to learn more about the adjudication process and its legal steps that you would need to take, so rest assured that you are in good hands while preparing yourself for adjudication.