Referral. That time period can be extended to 42 days (of the Referral) with the permission of the referring party or further with the agreement of both parties. Therefore, parties should expect the overall time to resolve a dispute under the CAP to be anywhere from 1-7 weeks. Below is a visual timeline of the process: Enforceability and Appeal The Adjudicator’s decision will be binding on the parties and enforceable in court. There is no appeal process, but the parties are able to take the same dispute to litigation (or arbitration if the contract contains an arbitration agreement) if the parties have not agreed in the construction contract to accept the decision of the Adjudicator as final. How Legalistic is the Process? The process trial to be a hybrid of and arbitration. As mentioned above, to commence an adjudication you must first submit a Notice of Adjudication to the other party. This Notice contains: a description of the dispute; details of how the dispute arose; the decision you want the Adjudicator to make and remedies you desire; and the names and addresses of the parties involved. Once submitted, the parties must then appointment an Adjudicator. Parties can contract how/who to appoint as Adjudicator. After appointment, the next step is to send a Referral Notice to the Adjudicator and the other party. The Referral Notice should: be consistent with the Notice of Adjudication; explain the nature of the dispute and how it arose; detail the facts that you rely upon; provide the documentary evidence to support those facts;
Referral. That time period can be extended to 42 days (of the Referral) with the permission of the referring party or further with the agreement of both parties. Therefore, parties should expect the overall time to resolve a dispute under the CAP to be anywhere from 1-7 weeks. Below is a visual timeline of the process: Enforceability and Appeal The Adjudicator’s decision will be binding on the parties and enforceable in court. There is no appeal process, but the parties are able to take the same dispute to litigation (or arbitration if the contract contains an arbitration agreement) if the parties have not agreed in the construction contract to accept the decision of the Adjudicator as final. How Legalistic is the Process? The process to be a hybrid of trial and arbitration. As mentioned above, to commence an adjudication you must first submit a Notice of Adjudication to the other party. This Notice contains: a description of the dispute; details of how the dispute arose; the decision you want the Adjudicator to make and remedies you desire; and the names and addresses of the parties involved. Once submitted, the parties must then appointment an Adjudicator. Parties can contract how/who to appoint as Adjudicator. After appointment, the next step is to send a Referral Notice to the Adjudicator and the other party. The Referral Notice should: be consistent with the Notice of Adjudication; explain the nature of the dispute and how it arose; detail the facts that you rely upon; provide the documentary evidence to support those facts;