The use of adjudication in construction disputes resolution : standard mechanisms and practice trends.

Abstract

The vast number of uncertainties faced in construction projects makes disagreements between the involved parties almost unavoidable. Alternative dispute resolution techniques serve the purpose of ending the disagreement between the parties to avoid the high implications of escalating the case to arbitration or litigation. Adjudication is one of these alternative dispute resolution methods where a neutral third party (the adjudicator or adjudication board) uses the collected evidence and analysis of events in conjunction with the relevant contractual clauses to issue a binding decision. The objectives of this research are twofold. First, it uses relevant clauses in standard contract documents and literature in addition to the understanding of the adjudication mechanism to synthesize the attributes and qualities deemed vital in a decision maker, whether he is an Engineer, Project Manager, or Adjudicator, to issue a binding decision based on the assigned contractual authority. Second, it aims to deduce the additional qualities that distinguish the adjudicator who issues a decision that qualifies to be, as well, final, through looking extensively into the contractual requirements and procedure of the adjudication technique and the trends visible in statistical data published by adjudication centers. The qualities included having contract language proficiency, technical, managerial, and contractual know-how, and team and time management skills.