Adjudication. It works!
Published 16th February 2013. Comments: 0
It is inevitable that, at some point in time, you will find yourself working for "one of those companies". What do I mean by that. Well, the type of company who ethos is to avoid payment of the full contract value on some pretense.
Regrettable, we came across such a company last year and we, and all the other subcontractors on the project, were subjected to the threat of either accepting a reduced final account value or facing a protracted legal dispute if we did not agree. Regrettable, some of the subcontractors took this option as they were desperate for payment albeit at a reduced level.
We ourselves would have normally gone down the litigation route but, on the advice of our legal advisors, we sought adjudication through the Royal Institute of Charter Surveyors (RICS).
The process involve the appointment of a RICS adjudicator who examines the argument put forward by both sides and, on the information and evidence presented, makes a determination including the value of the award. He is also allowed to apportion his fees to each party. In our case we had an extremely positive outcome with all the adjudicator's fees paid by the other party and we received payment of our account amounting to nearly £50,000 with a week.
It's fast, it's fair and if you are in the right, you will not regret using this service.