Natural justice guidelines in construction adjudication

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

What procedural standards does natural justice require in adjudication?

A fair opportunity to present and answer the material case within the statutory timetable

Natural justice applies to adjudication, but the procedure is not a trial. The adjudicator controls an expedited process while ensuring that each party knows and can answer every material submission, enquiry and new point capable of affecting the decision.

Quick answer

Fair notice and a proportionate opportunity to respond are mandatory; only a material breach ordinarily prevents enforcement

The adjudicator must allow each party to present its case and answer the material case advanced by the other. New submissions, independent enquiries, tests, technical advice and legal points should be disclosed where they may influence the result. The timetable permits short and controlled response periods. Enforcement is not defeated by every procedural imperfection: the resisting party must identify a properly arguable, material failure rather than use natural justice as an appeal on fact or law. A failure to consider a properly raised defence may cross that threshold.

IssuePosition
Material opposing caseDisclose and permit response
New point raised by adjudicatorInvite focused submissions
Independent test or adviceDisclose material result
Minor procedural imperfectionOrdinarily insufficient
Ignored material defencePotential non-enforcement

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