Adjudication

Under the Construction Contracts Act 2002, you can refer a dispute to be determined by an adjudicator. FairWay is an Authorised Nominating Authority who can appoint appropriately qualified, trained and impartial adjudicators to determine construction disputes.

Adjudication is a fast-track dispute resolution process for construction contracts under the Construction Contracts Act 2002 (the CCA). The purpose of the CCA is to facilitate regular and timely payments, to provide for speedy and cost-effective dispute resolution, and to provide remedies for recovery of payments.

An adjudicator’s determination is normally available within 6-8 weeks, is binding on the parties, and may be enforced in the courts.

About this service

FairWay offers an end-to-end adjudication service when requested. We select and nominate a suitably qualified adjudicator to determine your dispute. We also manage the process from appointment to release of the adjudicator’s determination ensuring that deadlines are met, communication is clear, and all aspects of the service meet strict quality standards.

Adjudicators on our panel are hand-picked and meet strict criteria. 

How the process works

1. Get in touch

FairWay will guide you through the process of:

  • making a claim
  • engaging the other party
  • appointing an adjudicator.

2. Case Conference (if required)

If required, a case conference will be arranged. This is an opportunity to:

  • define the issues
  • agree next steps
  • establish a timeframe.

3. Adjudication

All the parties involved provide:

  • information
  • evidence
  • submissions.

The adjudicator will:

  • make a decision.

This full process usually take less than 40 working days.

The cost

Before you commit to adjudication, we will quote a fixed fee in most circumstances. This fee is based on the selected adjudicator’s hourly rate for all time spent, plus expenses such as travel or expert fees. Parties usually pay their own costs and expenses, unless the adjudicator determines otherwise.

Where to start

To start the adjudication process call us on 0800 77 44 02 or email build-disputes@fairwayresolution.com. We will guide you through the application process.

We can assist you to engage the other party and can give you an indication of the fee based on the information you give us.

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