If an adjudicator’s decision was not made in your favour, there are two main ways you can respond to this. In cases where you felt the adjudicator’s decision was fair – based unbiasedly on the facts presented – then you can honour that decision and move on. If you believe any breach of natural justice has occurred, you are within your right to challenge the adjudicator’s decision.

However, challenging an adjudicator’s decision can be a complex process that incurs the expenses and wasted time you were trying to avoid by opting for adjudication in the first place.

The prospect of this may seem daunting and understandably leave you wondering instead: can you resubmit the same dispute to adjudication?

What does “re-submitting” a dispute mean?

Technically, in adjudication, there is no such thing as “re-submitting” a dispute. Under the Scheme for Construction Contracts 1998, a dispute that is the same or substantially the same as one already decided by an adjudicator cannot be re-submitted. 

Therefore, the exact same issue will not be eligible for re-adjudication.

Re-adjudication

Re-adjudication is an option but the circumstances for it are very specific and can often be complex. 

A dispute can only be put forward for re-adjudication if: 

• New evidence/arguments have come to light. 
• Courts determine previous adjudication was “unreasonable or oppressive.”
• A second adjudication addresses issues that were not covered in the first.

However, these specifications still do not guarantee that a dispute will be accepted for re-adjudication. 

What is the best way forward?

If you have yet to enter into adjudication but want to be informed of all of your options, it is best to not rely on the possibility of re-adjudication. Believing this to be a viable option could cause you to miss out on vital steps when preparing your presentation for adjudication.

Should you have already been through adjudication and received an unsatisfactory outcome, your best course of action will be to first and foremost challenge the adjudicator’s decision.

In either case, seeking legal support is essential to preventing further costs and time from being wasted. Mercantile Barristers can assist you at any stage during the adjudication process. Get in touch with a member of the team today.