Top 5 Mistakes to Avoid in Adjudication Claims

Adjudication claims present another way of seeking justice in construction projects that is cheaper as compared to other legal means of doing so. However, the ability to win the adjudication claim mainly depends on the preparation and presentation process that the claimant has in the process. There are many missteps that different parties take which are avoidable and which can compromise the position of the parties or slow down the process. Below are the top 5 mistakes to avoid when filing an adjudication claim in order for you to have a smooth run in the adjudication process.

1. Failing to Provide Clear and Complete Documentation

These are normally seen when the client fails in one way or the other to complete the requirements of providing clear and complete documentation as required by the work or task assigned to them.

Documentation is actually a vital step that needs to be undertaken when applying for an adjudication claim. Leaving out some important documents like contracts, payment certificates, correspondence, and such records in regard to changes made will greatly reduce your chances of success. If this situation is not well documented, there will be inadequate proof that can influence the adjudicator and consequently lead to an unfavourable determination.

Avoid this by:

• The need to document any interactions and arrangements that have been made.
• Presenting neatly packed and properly stapled documents neatly in front of the adjudicator.

2. Not Adhering to Time Limits

Adjudication is intended to be fast and done within a certain time frame, and the claimant as well as the respondent have a limited time within which to file claims. Should you ever fail to meet a deadline on your claim, then your claim could be dismissed or even be barred from adjudication. This often leads to the neglect of sequence control, which actually has severe implications that most of the involved parties fail to realise.

Avoid this by:

• Recognising with whom the appointment is made and the statutory or contractual period within which adjudication must be done.
• The earliest thing to do and the submission of your claim, the moment you notice any form of disagreement.

3. Presenting an Incomplete Claim

It is a rule of law that does not allow any incomplete claim to be submitted, as this results in an extension of time or dismissal of the case. In litigation, the general idea is to provide a comprehensive overview of the case from one side at the beginning. Pleadings that are not properly completed and fail to include some essential information, including the exact prayer or legal authority that has been relied upon, will always lower the prospects of victory.

Avoid this by:

• There is nothing for one to lose but his or her claim having comprehensive details like facts, arguments, and supporting evidence.
• Hiring lawyers or industry professionals to look at a claim before submitting it.

4. Failing to Understand the Legal Framework

Adjudication is legal in its foundation, and anything that is legally related to it could be harmful if there’s no knowledge of the laws, regulations, and contractual terms that govern such a process. Often, the parties do not pay enough attention to the legal relations governing their claim, and that causes mistakes in claiming. Failure to conform to the pertinent contractual provisions and statute can lead to dismissal of your claim.

Avoid this by:

• To familiarise yourself with the laws and regulations governing the procedure of adjudication in your area.
• Core advice of seeking legal advice from an attorney who has been practising in construction law or adjudication claims.

5. Ignoring the Importance of the Adjudicator's Decision

Normally, adjudication is viewed as an interim solution, however, the decision of the adjudicator remains conclusive unless it is appealed. Neglecting the enforcement of the decision or thinking that you can always reverse the decision at some time may prove expensive. They end up getting themselves into enforcement actions which creates more workload on the legal and financial fronts.

Avoid this by:

• Dealing with the adjudicator’s decision like it should be and getting ready for its implementation.
• Ensuring that taking steps to appeal or challenge the decision only when it is proven legal with legal aid from the attorneys.

Generally, adjudication claims can be used to solve disputes within the construction industry, but if certain pitfalls are avoided, the claimant has a high chance of leaving the adjudication satisfied. Some of the ways that can help to improve this probability that you will win your case include producing academic, legal and well-coordinated documentation, meeting the deadline, and having an understanding of the legal requirements that surround the claim that you are presenting, as well as respecting decisions of the adjudicator. Given the fact that construction disputes arise often, if you find yourself in one, it is wiser to consult a legal expert that will help you go through the stages of the adjudication process and avoid such problems.