There are no “guarantees” in adjudication but the strength of a case can be determined very early on in the process. A strong adjudication case will be one that deals with clear breaches of a construction contract, payment failures, delays, defective works or professional negligence. 

Poor presentation can weaken even the strongest adjudication case. An adjudicator has a limited time to review the case before making a decision (usually 28 days). Part of this review is understanding the arguments being made. Since most adjudication cases are “document-only” (although some can require oral hearings), cases that are poorly presented make that adjudicator’s job more difficult – potentially leading to a less favourable outcome.

What does “poor presentation” mean in cases of adjudication?

In the simplest terms, poor presentation in cases of adjudication dealing with construction disputes refers to failure to clearly, concisely and logically present a case. The presentation of a case includes following the correct timelines and procedures, collecting relevant evidence and putting forth clear arguments.

Following correct timelines and procedures

One of the most common errors made when presenting a case to adjudication happens before any documents have even been collected. For a case to be referred to adjudication, the dispute must first be crystallised. 

“Crystalisation” happens when a dispute has been raised and either rejected or ignored by the other party. If a dispute has not been crystallised then a case can be rendered invalid and the process must begin again – wasting further time and money. 

There are multiple times during the timeline of adjudication where errors can be made. For a full breakdown of the adjudication process, see this article.

Other timeline errors include the failure to provide a clear and chronological timeline of the events leading up to the dispute. An adjudicator will not be able to fill in any gaps so you must ensure all relevant information is included in your case.

Collecting relevant evidence

You may have a strong, valid case but this can easily fall apart if evidence is prepared incorrectly. “Evidence” refers to any documents that support the dispute you are bringing forth to adjudication. 

This can include but is not limited to:

• A copy of the construction contract
• Communication between the parties
• Financial statements
• Witness statements

While you want to ensure you are providing a sufficient amount of evidence to support your case, there is the risk of overloading the adjudicator. It is vital to remember that adjudication was specifically created to be a quick and efficient alternative to lengthier resolution procedures such as litigation.

Therefore, the adjudicator has limited time to review the documents related to a case. Presenting too much risks important factors being buried and presenting too little risks weakening your case overall.

Putting forth clear arguments

Disputes are notorious for heightening emotions but you must remain focused and steadfast when presenting your arguments for adjudication. Any assertions you put forth must be backed up by clear evidence and organised in a manner that is easy to review for the adjudicator to review. 

To ensure your arguments are clear and concise, focus on:

• Structure: Present your argument in clearly defined paragraphs, addressing each point of the referral.
  
  
• Evidence: Ensure every part of your argument is backed up by evidence.
  
  
• Clarity: Stay focused on a single dispute and avoid introducing new or complex issues.

Strengthen your adjudication case from the start

Poor presentation makes it more likely an adjudicator will make a decision that is not in your favour. This then also makes challenging the adjudicator’s decision much more difficult since it will have been down to what was presented to them and not their own bias or any other extenuating factors.

Join me on February 3rd to learn how you can avoid these pitfalls and present a strong case for adjudication. I will show you what separates a persuasive submission from one that gets lost in the pile – including the signs that a strong case is about to fall apart. 

Register your interest here.