In this world that we share and live in with many, it is inevitable that fights and conflicts will occur. In the manners of life, we fight and argue over countless things. Arguments can steam from every corner. Some however are much more serious than it seems. Particularly in matters that affect the health and safety of people. There is one manner in which arguments and conflicts that occur could potentially be disastrous and that is when it happens in construction. Arguments about building constructions are inevitable, hence we have adjudication decisions made by organisations like AIAC to help settle these disputes. But before that, let’s learn what this is all about.
What is Adjudication Decision?
To start off, let’s first learn what an adjudication decision is. An adjudication decision is a process used to dispute cases. The type of cases can vary from construction problems to bankruptcy to even criminal trials. Simply put, adjudication decisions are not solely meant for settling disputes related to construction as they are used in the justice system and also in courtrooms. Usually, adjudication decisions are like the final law or word said, however, there are times when it is used to settle disputes temporarily. So this brings us to the question of where these decisions take place?
Where do Adjudication Decisions take place?
This question does not have a straightforward answer. Simply put, it depends on the type of dispute you are trying to solve. For instance, criminal charges such as theft, assault and petty crime will be handled by the courts. In certain cases, financial disputes like bankruptcy are also solved in courts. However, there are certain organisations such as AIAC that are dedicated to solving disputes relating to construction. This is known as construction adjudication.
Construction adjudication differs slightly from the adjudication decisions made in the courtroom. In terms of the objective itself, its main purpose is to find a quick way to settle disputes, usually by coming to a neutral decision on the matter the parties wish to solve.
Types of Disputes
In terms of construction, oftentimes, the types of disputes that require an adjudication decision are:
- Non-payment – refers to when one or more parties related to the development of construction has refused to pay the price allocated.
- Underpayment – refers to when one or more parties related to the development of construction have not completed payment within allocated time, or refuse to complete payment entirely. Reasons for this can be related to scam, bankruptcy, dissatisfaction with construction and many more.
- Non-certification – refers to when one or more parties related to the development of construction (usually the one constructing the buildings) do not have the necessary certification and documents to go through with legalising the process of construction. In simpler terms, the construction party does not have the legal rights to begin construction.
- Under-certification – refers to when one or more parties related to the development of construction (usually the one constructing the buildings) possesses legal rights to begin construction but not entirely. This means that the constructed building could have certain parts that are not legally approved by the law.