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Reading: Adjudication in Construction Contracts

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Section II

Adjudication in Construction Contracts

Authors:

A. Ranasinghe ,

University of Moratuwa, University of Peradeniya. ICLP Arbitration Centre, LK
About A.

Presently working as a Consultant, Adjudicator and Arbitrator. Visiting Lecturer,

Eng. , BSc Eng (Hons), MEng, MTech, PGD, CEng, IEngPE, AIStructE, FIE (Sri Lanka), MIE (Aust), MICE, Attorney–at–law

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J. C. Korale

Uva Wellassa University, LK
About J. C.

Consultant in Contract Management and Administration, Chartered Accountant, Chartered Management Accountant, Visiting Lecturer on Conflict Management,

BSc., MSc., FCMA, ACA,

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Abstract

Adjudication is a form of alternate dispute resolution method used widely in the construction industry. This process is carried out by an independent person selected by the parties in a contract. The Adjudicators has to carry out a fairly detailed study of the dispute to him and such work includes investigation, identification of the dispute, legal and contractual issues. The parties to the dispute are free to make their own presentations in the form of documentary and verbal evidence, photographs, reports etc. The duration of adjudication is limited to the number of days in the contract agreement they have entered into. The Adjudicator also might have to carry out site visits, meetings etc. to obtain further clarification with respect to the disputed matters. It is equally important that the principles of natural justice have to be followed by the Adjudicator. Generally, in adjudication, no legal representations are made by the parties and the decision is made by the Adjudicator mostly from the factual issues raised by the parties. The decision of the Adjudicator has to be implemented forthwith and the dissatisfied party is free to challenge the decision of the Adjudicator in another tribunal depending on the agreed terms.
How to Cite: Ranasinghe, A. & Korale, J.C., (2011). Adjudication in Construction Contracts. Engineer: Journal of the Institution of Engineers, Sri Lanka. 44(2), pp.73–81. DOI: http://doi.org/10.4038/engineer.v44i2.7025
Published on 28 Apr 2011.
Peer Reviewed

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