Posted On / 26.09.2016

Fixed Fee Adjudication - What is it and How Does it Work

Adjudication is now the most widely used form of dispute resolution within the construction and engineering industry.  

It is designed to make the money flow. It is quick, usually straightforward and relatively informal. Although the decision can be overturned by a Court, it is binding in the interim and will ordinarily be enforceable.  

All construction contracts, excepting those relating to the construction of owner occupied residential dwellings incorporate an implied term permitting the parties to refer disputes to adjudication, these days even if the contracts aren’t in writing.  

Adjudication usually proceeds on a very tight timescale, with decisions being produced within 28 days of the initial dispute referral.  

Adjudication can deal with disputes about money or time far faster than the court could.  Justice can sometimes be rough because of the tight timescale and way in which adjudicators deal with the matters presented to them.  

Ordinarily adjudications are dealt with without a hearing and this means that how you present your argument on paper is especially important. Our construction team is vastly experienced and specialist in the preparation of such documentation.  We  can draft clear and persuasive documents and notices required by the process.  We can then work with you and any of your experts to ensure that evidence is obtained in support of your case and presented in the most effective manner possible.    

We will consider your documentation and prepare the necessary adjudication pleadings, whether or not you are pursuing or defending a claim. We will also deal with compiling any supporting evidence and providing written responses to any questions asked by the adjudicator.  If necessary we'll attend and provide representation at any oral hearing.  

Once you've got a decision in your favour will also offer you a further fixed fee provision for enforcing decision in Court proceedings.  

Battens will provide you with a specialist adjudication service for a fixed fee where the sum in dispute is less than £100,000. To complete a 28 day adjudication with a value of up to £100,000, Battens will charge £4,000 exclusive of VAT and disbursement costs.To enforce any decision obtained in an adjudication with a value of up to £100,000, Battens will charge £2,000 exclusive of VAT and disbursement costs.  

Our fixed fees apply to all adjudications completed within the standard 28 day period. In the event of an adjudication period being extended, additional fees may become payable.  These will be agreed with you as soon as we know this will occur.

For more information on this matter please contact Iain Cole on 01935 846456 or iain.cole@battens.co.uk

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