Introduction

Adjudication is a dispute resolution process created by contract in many modern standard form construction contracts. A common feature of adjudication clauses is that an adjudicator’s decision is binding on the parties, albeit not final, unless neither party gives a notice of dissatisfaction in relation to the decision within a stipulated time limit.

Adjudication was born out of the necessity in a construction contract setting to have a means of resolving disputes speedily without the expeditious execution of the contract being unduly retarded. Where a losing party fails or refuses to comply with an adjudicator’s decision, the successful party’s remedy is to apply to court for a court order directing compliance on the part of the loser. There is a long line of cases in our jurisprudence in which adjudicators’ decisions have been enforced despite all manner of ingenious arguments raised by the losing party as to why the adjudicator’s decision should not be enforced.

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