Adjudication Procedure
Expert-defined terms from the Graduate Certificate in Construction Law (United Kingdom) course at LearnUNI. Free to read, free to share, paired with a professional course.
Adjudication Procedure refers to a fast and inexpensive process of… #
This procedure allows parties to refer their disputes to an independent adjudicator, who makes a binding decision. The adjudication procedure is typically used to resolve disputes related to payment, time, and quality of work.
Adjudicator's Decision is a binding decision made by the adjudicator, whi… #
The adjudicator's decision is usually made within a short period, typically 28 days, and is based on the documents and evidence submitted by the parties.
Alternative Dispute Resolution (ADR) refers to a range of processes used… #
ADR includes methods such as mediation, arbitration, and negotiation, which can be used to resolve construction disputes in a cost-effective and efficient manner.
Arbitration is a formal process of resolving disputes, where an indepe… #
Arbitration is often used to resolve complex construction disputes, and the decision made by the arbitrator is final and enforceable.
Building Information Modelling (BIM) is a digital process of creating and… #
BIM involves the use of software tools to create a detailed digital model of the building, which can be used to manage and coordinate the construction process.
Certification is the process of issuing a certificate to confirm t… #
Certification is often carried out by a third-party organization, such as a local authority or a professional body.
Claim is a formal request made by a party to a construction … #
Claims can be made for a variety of reasons, including delay, disruption, and defects in the work.
Common Law is a body of law that is based on custom and … #
Common law is often used to interpret and apply the terms of a construction contract, and can be used to resolve disputes that are not covered by the contract or by statute.
Construction Contract is a written agreement between a client and… #
The contract typically includes provisions for payment, time, and quality of work, as well as dispute resolution procedures.
Construction Law is a body of law that governs the construction… #
Construction law covers a wide range of topics, including contract law, tort law, and property law.
Contract Administration is the process of managing and administ… #
Contract administration is often carried out by a contract administrator or a project manager.
Contractor is a party to a construction contract who is responsibl… #
The contractor is often a company or a partnership, and may subcontract some or all of the work to other parties.
Damages is a form of compensation that is awarded to a party</b… #
Damages can be awarded for a variety of reasons, including delay, disruption, and defects in the work.
Delay is a failure to complete a construction project on <i… #
Delay can be caused by a variety of factors, including weather, site conditions, and design changes.
Design is the process of creating a plan or a model … #
Design is often carried out by an architect or an engineer, and can be a critical factor in the success of a project.
Dispute is a difference of opinion or a conflict between <i… #
Disputes can arise from a variety of sources, including contract interpretation, payment disputes, and defects in the work.
Dispute Resolution is the process of resolving a dispute be… #
Dispute resolution is often a critical factor in the success of a project.
Employer is a party to a construction contract who is responsible… #
The employer is often a client or a developer, and may have a significant amount of influence over the project.
Extension of Time (EOT) is a request made by a contractor for an <… #
Extension of Time (EOT) is a request made by a contractor for an extension of the time available to complete a construction project, which can be made due to a variety of reasons, including delay, disruption, and changes to the work.
Force Majeure is a clause in a construction contract that excus… #
Force Majeure is a clause in a construction contract that excuses a party from performing their obligations under the contract due to unforeseen and unavoidable events, such as natural disasters or war.
Housing Grants, Construction and Regeneration Act 1996 is a statute that… #
The act introduced a range of provisions to improve the efficiency and fairness of the construction industry.
Latent Defect is a defect in a construction project that is not <i… #
Latent defects can be difficult to detect and can result in significant costs and delays.
Liquidated Damages is a provision in a construction contract that… #
Liquidated damages can be used to compensate the client for losses and damages resulting from the breach.
Mediation is a form of alternative dispute resolution that… #
Mediation can be a cost-effective and efficient way to resolve disputes, and can be used in a variety of contexts, including construction disputes.
Negotiation is a process of discussion and agreement betwee… #
Negotiation can be a cost-effective and efficient way to resolve disputes, and can be used in a variety of contexts, including construction disputes.
Notice is a formal communication that is given by one party … #
Notice can be given in a variety of forms, including a letter or an email.
Payment is the process of making a payment to a contractor … #
Payment can be made in a variety of forms, including a lump sum or a series of installments.
Payment Notice is a formal communication that is given by a pay… #
Payment Notice is a formal communication that is given by a payer to a payee to notify them of the amount of payment that will be made, which is a requirement of the Housing Grants, Construction and Regeneration Act 1996.
Practical Completion is the stage of a construction project when t… #
Practical completion is often used as a trigger for the payment of retention monies and the expiration of the defects liability period.
Professional Negligence is a failure by a professional to exerc… #
Professional negligence can be difficult to prove and can result in significant costs and delays.
Project Manager is a person who is responsible for managing and <b… #
The project manager is often a key figure in the success of a project.
Quantum is the amount of money that is claimable by a pa… #
Quantum is the amount of money that is claimable by a party to a construction contract, which can be used to compensate the party for losses and damages resulting from a breach of contract or a delay in the project.
Retention is a percentage of the contract sum that is wi… #
Retention is a percentage of the contract sum that is withheld by the employer until the completion of the project and the expiration of the defects liability period, which is a common practice in the construction industry.
Scheme for Construction Contracts is a statutory scheme that pr… #
The scheme sets out the procedures for the adjudication of disputes, including the appointment of an adjudicator and the conduct of the adjudication procedure.
Subcontractor is a party who is engaged by a contractor to… #
Subcontractors can be responsible for a variety of tasks, including design, construction, and installation.
Termination is the process of bringing a construction contr… #
Termination can have significant consequences for the parties to the contract, including losses and damages.
Tort is a civil wrong that is committed by one party agains… #
Tort can be used to claim compensation for a variety of reasons, including negligence, nuisance, and trespass.
Variation is a change to the work or the contract that is m… #
Variations can be valuable or cost-neutral, and can be used to allocate risk and responsibility for the work.
Without Prejudice is a phrase that is used to indicate that a c… #
Without prejudice communications can be used to facilitate settlement negotiations and to resolve disputes.