Adjudication
Adjudication is a binding, interim dispute resolution process designed to avoid the registration of liens in the middle of projects and other actions that grind construction projects to a halt. It must start prior to completion of the contract or subcontract unless otherwise agreed upon.
The party can enforce the adjudicator's determination by filing a certified copy in Superior Court. |
Adjudication is a quick (30-day) process performed on-site so that the adjudicator can see what is going on first-hand. If a party has been ordered to pay by the adjudicator, they must do so within 10 days, otherwise, the successful party will be entitled to suspend their work with compensation for expenses incurred in doing so plus mandatory interest on the late payments. The party can enforce the adjudicator's determination by filing a certified copy in Superior Court.
ADR Chambers Inc. has been appointed the Authorized Nominating Authority to manage the Adjudication regime and to qualify and appoint adjudicators. Parties can agree on an adjudicator or request the Authority to appoint one. It is important who you choose as the adjudicator because the adjudicator has a lot of discretion.
This is just a snapshot of the Construction Act's various deadlines and procedural requirements. McCague Borlack's Construction Law Group has extensive experience in dealing with construction matters. Our lawyers will be happy to provide you with any assistance in navigating and complying with the new Construction Act.
Read more of the details behind the changes in the Construction Act.