Low Value Dispute Resolution - Will this take adjudication back to being a relatively simple way of solving disputes and improve cashflow?

Question

https://www.rics.org/uk/news-insight/latest-news/news-opinion/adjudication-smes/#.XpSCKgFkq2Y.linkedin

Andrew Crawford · Accepted Answer

Tom

Very good initiative by the CIC which I would welcome. However, I initially see the main door to open is to have the option in the standard forms of contract for parties to select the CIC model for resolving their disputes of less than £50k.

There are other issues to overcome, such as (a) making the people who are responsible for selecting this option of adjudication procedure such as the PQS and Solicitors aware of the benefits of the scheme in minimising cost rather than opting for the normal nominating bodies such as the RICS (b) there would need to be two adjudication procedures in the contract, the CIC for less than £50k and another for sums exceeding £50k, so some drafting would be needed to amend (c) the CIC procedure does not deal with extension of time issues as it is centred on the cost.

I was involved in an adjudication a few years back as a party advocate and in that adjudication, the terms stipulated that the Referral Notice could be no more than four pages of A4 paper, font type 11 [if I recall]. It worked and my client was successful in obtaining a sum, so control over number of documents does work in minimising the cost of the dispute.

Low Value Dispute Resolution - Will this take adjudication back to being a relatively simple way of solving disputes and improve cashflow?

Adjudication

contract

Tom Spilsted

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