Construction Adjudication

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Construction Adjudication

Platform: GoTo Training

Validated for 1 CPD Point
CESA-1049-06/2020

INTRODUCTION

Adjudication is bringing dramatic changes to dispute resolution both internationally and in South Africa, and is rapidly becoming the preferred method for resolving construction disputes.

The New Engineering Contract and FIDIC have had adjudication procedures in place for some years, and some international jurisdictions have introduced legislation supporting adjudicating.

We have already seen a surge in the use of the adjudication process, yet few members of the construction industry understand the process or appreciate how it differs from conventional forms of dispute resolution.

Most members of the construction industry are unclear as to what adjudication is, how it is applied, and how it differs from other forms of dispute resolution. Lawyers and construction personnel alike do not fully understand this form of dispute resolution and there are few people who understand the process sufficiently well to act as adjudicators.

To assist potential users in preparing for adjudications, HKA offers a one day seminar which introduces the concept, shows how it differs from other forms of dispute resolution, and discusses the adjudication provisions in current standard forms of contract.

In this seminar we will also take a step-by-step walk through the adjudication process, following the process from beginning to end.

WHO SHOULD ATTEND

  • Contractors and Subcontractors
  • Engineers, Architects, Consultants
  • Developers, Employers, Clients
  • Lawyers and Legal Advisors
  • Arbitrators, Mediators
  • Government Officials Involved in Construction Contracts

LEARNING OBJECTIVES

At the conclusion of the training, delegates should:

  • Understand the Advantages and Disadvantages of Adjudication;
  • Understand the CIDB’s approach to Adjudication
  • Understand how the process works so that it may be used to their advantage
  • Be aware of recent developments in Adjudication Practice and Law
  • Understand the difference between Ad Hoc and Standing Adjudicators and be able to choose the one most suited to their contract
  • Understand how the Adjudicator will be paid and by whom
  • Understand what happens if the Adjudicator gets it wrong

 

“I enjoyed the seminar and it has a lot of value towards my skills and knowledge”
“The presenter has the required expertise on the subject matter, well prepared and addressed all our concerns, questions and challenges”
Jul 19 2022

Details

Date: 19 Jul
Course Categories:

Venue

Virtual Training – GoTo Training

Some of the issues to be covered in this one day seminar are the following:

  • What is adjudication?
  • How does adjudication differ from arbitration, litigation, mediation
  • Adjudication as a creature of contract
  • Adjudication as conceived under NEC, under FIDIC, under GCC and under JBCC
  • The CIDB Rules for adjudication
  • Who can act as adjudicator, choosing the adjudicator
  • Powers and authority of the adjudicator
  • Paying the adjudicator
  • The adjudicator's decision as immediately binding
  • Appeal against the decision of the adjudicator
  • Ad hoc vs standing adjudication
  • Advantages and disadvantages of adjudication
  • Step-by-step through the adjudication process