Validated for 1 CPD Point – CESA-234-12/2014
Feedback from Recent Construction Adjudication Seminars:
- “The course is very informative and guided me a lot.” - March 2012
- “Notes well structured, very informative and understandable.” - March 2012
- “Very experienced presenter. Gave valuable information, beyond the scope of engagement which can be used by participants to advance / further studies in this field.” – April 2012
- “Very good clear presentation.” – April 2012
- “I really enjoyed the course. It was very informative.” - May 2012
INTRODUCTION
Adjudication is bringing dramatic changes to dispute resolution both internationally and in South Africa, and is rapidly becoming the preferred method for resolving construction disputes. In recent years, the use of adjudication has gained momentum, with developments including:
- The JBCC, South Africa’s domestic building contract introduced adjudication through its March 2004 edition;
- The GCC Engineering Contract introduced adjudication in its 2004 edition;
- The Construction Industry Development Board (CIDB) has endorsed adjudication as best practice for resolving construction disputes and has published rules for adjudication;
The New Engineering Contract and FIDIC have had adjudication procedures in place for some years, and some international jurisdictions have introduced legislation supporting adjudicating. We have already seen a surge in the use of the adjudication process, yet few members of the construction industry understand the process or appreciate how it differs from conventional forms of dispute resolution.
Most members of the construction industry are unclear as to what adjudication is, how it is applied, and how it differs from other forms of dispute resolution. Lawyers and construction personnel alike do not fully understand this form of dispute resolution and there are few people who understand the process sufficiently well to act as adjudicators.
To assist potential users in preparing for adjudications, BCA offers a one day seminar which introduces the concept, shows how it differs from other forms of dispute resolution, and discusses the adjudication provisions in current standard forms of contract. In this seminar we will also take a step-by-step walk through the adjudication process, following the process from beginning to end.
Seminar Content
Some of the issues to be covered in this one day seminar are the following:
- What is adjudication?
- How does adjudication differ from arbitration, litigation, mediation.
- Adjudication as a creature of contract
- Adjudication as conceived under NEC, under FIDIC, under GCC and under JBCC
- The CIDB Rules for adjudication
- Who can act as adjudicator; Choosing the adjudicator
- Powers and authority of the adjudicator
- Paying the adjudicator
- The adjudicator’s decision as immediately binding
- Appeal against the decision of the adjudicator
- Ad hoc vs standing adjudication
- Advantages and disadvantages of adjudication
- Step-by-step through the adjudication process.
Learning Objectives
This workshop gives a comprehensive understanding of both practical and theoretical aspects of adjudication.
In general, participants who have completed this course should:
- Understand how adjudication differs from other forms of dispute resolution;
- Understand how the standard contracts in use in SA deal with adjudication;
- Have a general understanding of how the adjudication process works and how they can use it to their advantage.
Participants should gain practical skills in:
- Choosing and appointing their adjudicator;
- Paying their adjudicator;
- Preparing a matter for adjudication;
- Following a matter through adjudication from first claim to final decision;
- Making adjudication work for them;
- Ensuring that the adjudication process remains cheap, quick and simple;
- Applying the adjudication clauses from any of the standard construction contracts;
- Knowing when to bring in legal or other assistance.
In addition, participants who have completed this course should:
- Know what to look for when reading the adjudication provisions in their contract;
- Understand why adjudication has become so popular;
- Understand the advantages and disadvantages of adjudication;
- Understand the CIDB’s approach to adjudication
- Understand how the process works so that it may be used to their advantage;
- Be aware of recent developments in adjudication practice and law;
- Understand the difference between ad hoc and standing adjudicators and be able to choose the one most suited to their contract;
- Understand how the adjudicator will be paid and by whom;
- Understand what happens if the adjudicator gets it wrong.
Who should attend:
- Contractors and Subcontractors
- Engineers, architects, consultants
- Developers, Employers, Clients
- Lawyers and legal advisers
- Arbitrators, mediators
- Government officials involved in construction contracts
Cost:
See registration forms for costs at various venues
Discount:
Should a Company register 3 or more delegates for this seminar, a 10% discount will apply.
Registration Process: