Fights and disagreements are unavoidable in this world that we share and live in with so many others. We fight and quarrel about a variety of things in our daily lives. Arguments can erupt from any direction. Some, on the other hand, are far more serious than they appear. Particularly in situations affecting people’s health and safety. There is one instance in which disagreements and conflicts can be disastrous, and that is when they occur in the construction industry. Building construction disputes are unavoidable, which is why we have adjudication decisions issued by organisations like AIAC to help resolve them. But first, let’s get a better understanding of what’s going on.
What is Adjudication Decision?
Let’s start by understanding what an adjudication ruling is. An adjudication judgement is a procedure for resolving legal disputes. Construction issues, insolvency, and even criminal trials are all possible scenarios. Simply put, adjudication decisions aren’t simply for resolving construction conflicts; they’re also employed in the legal system and in courtrooms. Adjudication rulings are usually treated as final law or word, although there are situations when they are utilised to temporarily settle conflicts. As a result, we’re left with the question of where these judgments are made.
Where do the Hearings take place?
There isn’t an easy solution to this question. Simply said, it is dependent on the type of conflict you are attempting to resolve. The courts, for example, will handle criminal offences such as theft, assault, and petty crime. Financial conflicts, such as bankruptcy, are sometimes resolved through the courts. However, other organisations, such as AIAC, are committed to resolving construction-related conflicts. This is known as construction adjudication. In cases like this, you could apply for hearings such as virtual hearings and hybrid hearings. Again, this depends on the type of cases that you are trying to resolve as well as the choices the other party decide on,
Construction adjudication differs slightly from the adjudication decisions made in the courtroom. In terms of the objective itself, its main purpose is to find a quick way to settle disputes, usually by coming to a neutral decision on the matter the parties wish to solve.
Types of Disputes
In terms of construction, oftentimes, the types of disputes that require an adjudication decision are:
- Non-payment – refers to when one or more parties related to the development of construction has refused to pay the price allocated.
- Underpayment – refers to when one or more parties related to the development of construction have not completed payment within allocated time, or refuse to complete payment entirely. Reasons for this can be related to scam, bankruptcy, dissatisfaction with construction and many more.
- Non-certification – refers to when one or more parties related to the development of construction (usually the one constructing the buildings) do not have the necessary certification and documents to go through with legalising the process of construction. In simpler terms, the construction party does not have the legal rights to begin construction.
- Under-certification – refers to when one or more parties related to the development of construction (usually the one constructing the buildings) possesses legal rights to begin construction but not entirely. This means that the constructed building could have certain parts that are not legally approved by the law.