What is a response in Construction Adjudication ?
This article is all about explaining what is a response in construction adjudication. This term is a key component or step of the construction Adjudication process. If you want to learn more about Construction Adjudication we have an online course for sale on this website.
Stravelles run a course in Adjudication which aims to allow the student to run their own adjudication as the referring or responding party without paying for legal representation.
We support legal representation in more complex cases but we want to encourage especially smaller companies to feel more confident fighting for their contractual rights.
What is a response in Construction Adjudication ?
A response in Construction Adjudication is simply one step in the Adjudication process.
There are several steps in adjudication, which we will not go through one-by-one in detail here but just simply list out.
The steps are as follows:
Step 1 Give notice of intention to refer a dispute to adjudication
Step 2 Send application form to the RICS
Step 3 Prepare and send the referral notice
Step 4 Comment on the Other Parties response
Step 5 Deal with the Adjudicator
Step 6 The Decision
Step 7 What happens then?
As you can see we have not listed the response as a singular step. It is in fact between step 3 and step 4.
So, once the referring party send the referral notice in Step 3, the responding party will issue a response which we have listed as step 4.
That’s it.
That’s all a response in Construction Adjudication is.
Its the responding parties reply to the referring parties ‘referral notice‘.
About the response in Construction Adjudication
The referring party receives and reads the referral notice.
Then they issue a response by email or post.
What must be in the response document ?
So what must be in the response document?
The response must contain the following:
- a reply to each of the points in the referral notice
- their own arguments
- back-up/evidence to support their arguments
The referring party can issue a rejoinder to this response if they deem it necessary.
What happens if you do not issue the response correctly?
If you do not do a good job at issuing your response by addressing all of the referring parties issues then you are simply reducing the chances of success.
So its important that if you are preparing a response that you put effort into making sure it is thorough and deals with all points.
What if you believe the Adjudicator does not have jurisdiction ?
The Construction Act gives most parties in construction the statutory right to refer a dispute to adjudication.
There are some notable exceptions including residential occupiers who intend to use the property as their main residence.
If a homeowner receives a notice to refer a dispute to adjudication or a referral notice they can simply reply and state that it is there understanding that the Adjudicator does not have jurisdiction in this dispute.
Should a homeowner not refute the jurisdiction and instead participate in the adjudication then there is the possibility that the Technology and Construction court will rule they have accepted Adjudication as a dispute resolution procedure. This is referred to as an Ad Hoc Adjudication and you can read about that more here.