An Introduction to Adjudication Under a Construction Contract

Introduction

Adjudication was originally intended to assist contractors with cash-flow, allowing them to swiftly enforce an outstanding payment and continue the project. But it turned out to be a double-edged sword in that it could be wielded not only by the contractor, but also by the employer and even by a beneficiary under a collateral warranty, e.g., a funder or tenant, potentially years after the project had ended.

Adjudication is now a very popular, and relatively inexpensive, means of resolving construction disputes, including payment disputes, termination, and professional negligence claims.

In this webinar, we will explore the inherent features of adjudication and when the parties to a construction contract are able to use it, including when it can be used under a collateral warranty as was considered by the TCC in Toppan vs Simply [2021].

What You Will Learn

This webinar will cover the following:

• The features of adjudication as a means of resolving disputes
• When adjudication can be used under a construction contract
• What is (and what is not) a construction contract
• Whether a collateral warranty is a construction contract

This webinar was recorded on 21st January 2022