Construction disputes can be tense and highly emotional situations. Therefore, separating material facts from arguments can be difficult – but this does not make it any less essential if you want an adjudicator to side in favour of your case.

The best way to distinguish between material facts and arguments in cases of adjudication is this:

• Material facts = the specific, relevant details that influence legal outcome.
• Arguments = interpretations and legal reasoning applied to the material facts.

It can be argued that material facts are more important than arguments in cases of adjudication since it is the facts that a decision will be based on. However, the adjudicator is still a human being who will benefit from arguments that link these facts together.

The role of material facts in adjudication

To fully weigh the importance of material facts in adjudication, you must understand that without them (or if they were to be altered) this could significantly impact an adjudicator’s understanding of your case.

Without a clear understanding, an adjudicator will struggle to make a fair decision. Therefore, these facts must be presented simply and concisely.

Examples of material facts in adjudication:

• Contract details (such as the date it was signed)
• Proposed date for project completion
• The details of the clause that was breached
• Value of work

Even if you have a strong legal argument, material facts can further strengthen or even weaken your argument and therefore impact the adjudicator’s decision.

The role of arguments in adjudication

While arguments alone will not win an adjudication case, they still have a place in the process. Presenting well-thought out arguments ties material facts together, giving them context and providing a clearer picture of the dispute for the adjudicator.

If material facts establish what happened then arguments tell how it happened.

Key aspects to a strong argument in adjudication:

• Defining the scope of the dispute
• Presenting evidence
• Preparing a defense
• A persuasive presentation of facts

We can apply the term “persuasive” when drafting arguments in adjudication, however it is important to know that this should not be influenced by emotional bias. 

What matters more?

If I was pressed for an answer, then I would encourage you to focus on the material facts of your case. However, I do think it would be ill-advised to ignore the impact a solid argument can have in conjunction with these facts.

I recently hosted a webinar that provides more clarity on this topic for you. Watch it here to learn how to prepare a strong adjudication case – including presenting relevant facts and clear arguments.