Positive Case Adjudication
Adjudication has become litigation on speed!
Adjudication was mean to be a simple process – a quick, enforceable, interim decision. One that the parties themselves would be able to deal with. It was supposed to remove the overly adversarial nature of disputes, keep cash moving and allow the project to continue unhindered.
But it hasn’t always worked out like that.
The process became “juridified”. Far from being a quick process, it has become adversarial again. Parties now spend significant time preparing statements of case and obtaining expert reports. Procedural points are made. Jurisidictional challenges are raised. Adjudication has become litigation on speed.
By becoming adversarial it is no longer quick. By becoming adversarial it is no longer cheap.
Access to Justice is denied to many
The high cost of adjudicator's and lawyers fees has led to an existential crisis in the access to justice for many small and medium sized enterprises.
It is these very businesses that make up 90% of the construction sector.
Positive Case Adjudication intoduces a new Act compliant procedure
But what if adjudication could be all that it was meant to be? What if adjudication could be returned to it roots? A quick, interim process, without unnecessary adversarial attitudes. A process that simply required the parties to address the issue in dispute without the need for further point scoring?
Positive Case Adjudication is a Construction Act / Scheme compliant form of adjudication that allows just that. PCA takes out the adversarial nature of adjudication by requiring both parties to advance a positive case in response to the question before the adjudicator. Costs and time are reduced by:
Removing the need to act as if at trial. PCA reduces the time involved in adjudication reducing the need for procedural or jurisdictional challenges. Thus avoiding the need for Parties to respond to submissions for the sake of responding; advancing only their positive case. It works as follows:
- Within 7 days of issuing the notice of adjudication, the Referring Party sends its referral notice to the Adjudicator.
- The Respondent, within 14 days, provides a Response to the Referring Party's claims. The Respondent cannot raise a counterclaim but puts forward its own positive statement of case dealing with the matter referred. This may be in the form of a defence, mitigation and/or admission to the claim made by the Referring Party.
- There is then no further exchange of documents.
- Within a further 14 days the Adjudicator will issue the Decision, i.e., within 28 days of the Referral notice being received by the Adjudicator.
The Adjudicator's fees are capped
The Adjudicator's fees are usually based on hourly rates. However, by fixing the Adjudicator costs in smaller matters, we ensure Parties have an upfront understanding of the risks of adjudication.
Our Adjudicator's fees are fixed at £3,000 for each Adjudication referral made under £50,000 in value. There is no nomination fee. The fee is payable by the Referring Party on making the Referral and the Adjudicator will decide as part of the Decision who ultimately pays the fees.
Our Adjudicators are selected from those on the Panel maintained by the College of Neutrals.
Contact us using the form below and we'll send you an application form to request the appointment of an Adjudicator together with guidelines on how to present your claim (i.e., which documents to include in your submission).