Key issues to consider when preparing an adjudication Response—checklist

Published by a ÑÇÖÞÉ«ÇéÍø Construction expert
Checklists

Key issues to consider when preparing an adjudication Response—checklist

Published by a ÑÇÖÞÉ«ÇéÍø Construction expert

Checklists
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Produced in association with 4 Pump Court

While the issues which need to be addressed in a Response will depend on the specific facts/circumstances of the dispute, this Checklist provides a starting point for a responding party drafting its Response in an adjudication, setting out key issues to consider and linking to guidance on each.

See also Practice Note: Adjudication—the Response for guidance on the Response, including practical tips for drafting it, and Checklist: Key issues to consider on receipt of a Notice of Adjudication.

Initial considerations

  1. •

    Ascertain any requirements in relation to the Response, including the deadline for its service and any stipulations as to its form and/or contents, for example:

    1. â—¦

      are there any express terms regarding the Response in the parties’ contract or the applicable adjudication rules?

    2. â—¦

      has the adjudicator issued directions regarding the Response (these may override any contractual requirements)?

    3. â—¦

      as for the timing of the Response—there is no statutory time limit for serving a Response but the adjudicator will typically set a date for its service.

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Jurisdiction(s):
United Kingdom

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