ADROIT CLAIMS & ADR CONSULTANTS的动态

What are the essential aspects to consider in the adjudication process? In construction adjudication, there are mandatory aspects to comply with. Here are 10 of them: 1?? Crystallised dispute – Ensure there is a dispute. 2?? Notice of adjudication – Gives jurisdiction. 3?? Appoint an adjudicator within 7 days, who is in accord with the contract. 4?? Payment for adjudicator fees – How much, when, plus joint several liability. 5?? Party costs - Not recoverable. 6?? The Referral Notice – Sets out the details and evidence. 7?? The timetable – Fast 28-day determination of rights. 8?? The Decision – Parties must comply. Enforceable in the high court (TCC). 9?? Appeal – None. The matter can be taken to court or arbitration (if applicable). ?? Statutes and over 500 enforcement cases – The above must comply and be conducted in accordance with the law. There are many twists and turns. ?? It's not recommended that adjudication be tackled without professional help. Call Arbicon on 01733 233737. #ConstructionUK #ConstructionLaw #ConstructionContract

It's important to understand that you can be subjected to adjudication as a commercial party in a construction contract at any time and the terms that apply. There are mandatory adjudication terms and if your contract adjudication clause does not comply with the law, the statutory terms take over. Even if you are in court, an adjudication can be started. As always, if you have any questions or concerns about your contracts or the adjudication process, please reach out to Arbicon. https://lnkd.in/eV5evqzy #ConstructionUK #ConstructionLaw #ConstructionContract

Part 1 Hello everyone, again back with one important aspect to understand, While drafting and reviewing real estate agreements and construction contracts yesterday, an important question regarding a key contractual provision came to mind: What is the role of an arbitration clause in real estate and construction agreements? Here is detailed explanation; 1. Typical Disputes in Real Estate and Construction Contractual Disputes: Construction and real estate projects often involve complex contractual agreements among multiple stakeholders—developers, contractors, suppliers, architects, and sometimes even government bodies. Disputes over contract terms, deadlines, quality standards, and deliverables are common. Payment and Delays: Payment disputes (e.g., delayed or non-payment, incorrect billing) and delays in project timelines can lead to significant financial impacts. Quality and Defects: Claims related to poor construction quality, material defects, or deviations from agreed-upon designs can arise, particularly if they lead to safety hazards or higher maintenance costs. Real Estate Transactions: In real estate, disputes can involve property boundaries, titles, leases, sales contracts, and zoning laws. 2. Why Arbitration is Preferred in Real Estate and Construction Specialized Knowledge: Arbitrators with expertise in real estate and construction law or engineering can be appointed, enabling a more informed evaluation of technical issues. Efficiency and Cost: Arbitration is generally faster and less costly than litigation, helping parties resolve disputes without significant project delays or escalating costs. Confidentiality: Arbitration proceedings are private, which is beneficial when parties want to avoid publicizing disputes or sensitive financial information. Flexibility and Control: Arbitration allows for more flexible procedures, where parties can agree on the rules and timeline for resolution, unlike the more rigid court procedures. 3. Role of Arbitration Clauses in Real Estate Contracts Contracts in real estate and construction frequently include arbitration clauses, which stipulate that any arising disputes will be resolved through arbitration rather than in court. These clauses ensure that any disputes are channeled into arbitration by default, streamlining the resolution process. #Arbitation #Realestatecontract #Constructionagreement #Legaldrafting #Law #ICC #CIAC

Somewhere along the way in my arbitration journey I took a keen interest and eventually fell in love with construction adjudication. An interest in ‘rough justice’, the FIDIC books, JBCC, NEC, GCC and the vital role that adjudication plays in ensuring construction projects remain on course with construction disputes settled in quick time. This new found interest and love culminated in enrolment with the prestigious RICS Dispute Resolution Service and a year later with the conferment of a Diploma in Construction Adjudication. Talk to me about all things construction adjudication related. ?? #ConstructionAdjudication. #RICS. #arbitration.

Ontario Court Emphasizes Clear Dispute Resolution in Construction Projects A recent Ontario Superior Court ruling emphasized the importance of clear arbitration agreements and robust contractual frameworks in construction claims. The court highlighted the need to adhere to CCDC Contracts for resolving disputes, particularly for issues like unforeseen ground conditions. This reinforces the necessity for construction professionals to follow agreed dispute processes and have clear mechanisms for managing unexpected site conditions and cost adjustments. JTE Claims Consultants Ltd. provides a wide range of services to the Canadian construction industry, including construction claims consulting services and commercial advisory and project control services. Visit https://lnkd.in/g43aR6r to learn more. #ProjectManagement #ClaimsManagement #CommercialAdvisory #DisputeResolution #ConstructionClaims https://ow.ly/JFO350SWVY3

Gowling WLG?-?Sahil Shoor?and?Nailah Ramsoomair Key takeaway: Adjudication is an interim remedy for ongoing construction projects The purpose of the prompt payment provisions under the?Construction Act?is to prevent the interruption in the flow of funds in a construction project that may ensue as a result of on-going litigation. In most instances, delays in payment in the context of construction projects result in delays in construction, increased costs, and in some cases unavoidable insolvencies. Adjudication allows for contractors to seek this relief for payment under the?Construction Act?during the course of the project, as opposed to commencing claims by way of action or through the Small Claims Court (or, if required under the contract, arbitration). This decision by the Divisional Court clarifies for both contractors and owners when a contract is considered to be “completed” in order to pursue these claims by way of adjudication.

Construction Law: Essential Lessons from a Landmark ICC Case on Global Claims. Last week I discussed a landmark case affecting critical methodologies in building construction claims. Every fortnight I share a case study and practical insights in my newsletter - Blueprint Briefings. It's short sweet and practical. ?? If you are interested in Contract Law and Arbitration! ?? I'd love you to join! #construction #contracts #arbitration

As Fasken partner Nora Kharouba explains, construction lawyers bring significant value to a project beyond merely dealing with lien claim disputes. Our Construction Law group adeptly handles a broad spectrum of disputes, ranging from minor issues to significant conflicts. We understand the entire construction project lifecycle, enabling us to manage disputes effectively in court, mediation, arbitration, or adjudication. Navigating construction disputes demands seasoned guidance. Explore why our clients in the construction and infrastructure sectors rely on us: https://ow.ly/sMtK50SJAQz #Fasken #Litigation #DisputeResolution #ConstructionLaw #RiskManagement #ContractLaw

Greetings from CILS Arbitration Symposium!!! Session 4: Construction Arbitrations: Lessons for Counsel and Arbitrators in Other Complex Arbitrations This panel will focus on lessons from construction arbitrations that have broader applicability, such as resolving multi-party disputes, handling expert evidence, and understanding the needs and perspectives of in-house counsel, rather than delving into highly specific issues unique to construction arbitrations like critical path analysis or productivity analysis for disruption claims. Construction arbitrations are inherently complex and have distinct features, but the insights gained from them can benefit arbitrations in other sectors. Similarly, construction industry practitioners can learn from experiences in general commercial and other industry-specific arbitrations. #ConstructionArbitration #MultiPartyDisputes #ExpertEvidence #InHouseCounsel #ProjectLifecycle #ArbitrationLessons #DisputeResolution #CommercialArbitration #IndustryInsights

DISPUTE RESOLUATION ( FIDIC& JCT) FIDIC 1999:Clause 21 Dispute and Arbitration. Normally the dispute starts from 3.7 or referred to DAB directly. If no agreement under 3.7.1 the Engineer makes notice of determination 3.7.2. In case of dissatisfaction 3.7.5, parties obtain DAB’s Decision 21.4, finally Amicable settlement 21.5 and Arbitration (ICC) 21.6. JCT:Section 9 is settlement of disputes starting with mediation in case of not resolved by negotiation then adjudication and after that arbitration in accordance with the JCT 2016 edition of the Construction Industry Model Arbitration Rules (CIMAR) applying UK Arbitration Act 1996. #law #constructionindustry #mediation #compliance #engineer #arbitration #contractmanagement