When an adjudication dispute has arisen

SCCSI
Presented by
Society of Construction Claims Specialists International
sccsinternational.org
Legal and contractual solutions · Adjudication

When has a dispute arisen for referral to adjudication?

Claim presentation, non-admission and a reasonable opportunity to respond

A claim does not become a dispute merely because it is submitted or because a unilateral deadline expires. The responding party must have a fair opportunity to understand and consider the claim, after which rejection, prevarication or sufficient silence may establish non-admission.

Quick answer

A dispute arises when a sufficiently defined claim has been presented and is not admitted after a reasonable opportunity for consideration

Present the material claim, basis and relief to the responding party before serving the notice of adjudication. Express rejection will crystallise the dispute. Evasive conduct or silence may do so after a reasonable period, assessed against the claim's complexity, prior exchanges and the recipient's role. A claimant cannot manufacture a dispute by imposing an unrealistically short deadline. A claim so unclear that the recipient cannot respond sensibly may not crystallise at all. The referred dispute may include later evidence and argument, but it must remain the same dispute in substance.

IssuePosition
Claim submittedNot enough by itself
Express rejectionDispute ordinarily crystallised
PrevaricationMay imply non-admission
SilenceMay crystallise after a reasonable period
Unclear claimMay be incapable of sensible response

The rest of this solution is for members

Fifty of the two hundred contractual solutions are free to read. This is one of the remaining hundred and fifty, which Premium and Pro carry.

See what Premium includesAlready a member? Sign in