It is not uncommon to hear negative comments from parties or their representatives based upon their experiences of adjudication. Some of the most common of such views relate to the cost of the process. Indeed, there are many practitioners in the industry who are dissuaded from using adjudication because of the potential cost.
Mark Entwistle
It would not be an exaggeration to say that the Scheme for Construction Contracts (Regulations) 1998 are by far the most commonly used set of rules applying to adjudications. Use of the Scheme has become, if anything, more commonplace over the years, with many standard forms of contract specifying it as the applicable set of rules. Thus, they represent not just the default procedure (under section 108(5) of the Construction Act), but also, increasingly, the rules of choice.
Introduction
The practice of managing adjudication can be succinctly summarised as involving two key elements – procedural management and the managing the evidence.