Conflict Avoidance & Dispute Resolution

Question 1

What is Adjudication?

Answer 1

Adjudication is a process which follows the following timelines;
- 7 days to give notice and assign Adjudicator
+ 28 days for decision to be made
- Can be extended by 14 days by mutual agreement

Question 2

What is Arbitration?

Answer 2

3 Types;
- Document Form
- Short Hearing
- Full Hearing

Question 3

What is Litigation?

Question 4

List the order of Dispute Resolution process?

Question 5

Is Arbitration binding?

Question 6

Is Adjudication binding?

Answer 6

It’s non-binding, so it can be appealed.
It can be referred to arbitration (if allowed in contract) or litigation.

Question 7

What is the TCC?

Answer 7

Technology and Construction Court - Litigation

Question 8

What is the Local Democracy and Economic Development Act?

Answer 8

• Enables the contractor to adjudication even if contract isn’t in writing.
• Referring party now not always liable for adjudicator costs.
• Payment Notices are required

Question 9

What is the Data Protection Act?

Answer 9

• Personal Data should be processed fairly and lawfully
• Should be obtained lawfully
• Should be kept up to date
• Should not be kept longer than necessary

Question 10

What forms of insolvency are there?

Answer 10

• Administration
• Administrative Receivership
• Compulsory Voluntary Arrangement
• Liquidation

Question 11

What are the timescales for adjudication in a JCT?

Answer 11

7 days to appoint adjudicator
28 days - the adjudicator can extend that period by 14 days on request, if the referring party agrees
Notice is 7 days to respond and 3 days to reply.

Question 12

Who can refer a dispute to adjudication?

Answer 12

Any party to a construction contract has the right to refer a dispute under the contract to adjudication.