Since statutory adjudication is a summary procedure
intended to “pay first, argue later”, the “loser” has to pay
the amount awarded as per the Adjudication Decision
first and, if not happy with the same, it can then refer
the dispute to arbitration or the courts, as applicable for
further consideration/resolution.
● ●
● ●
Mode of service shall be strictly in
accordance with Section 38 CIPAA.
Other relevant KLRCA Forms that may
be used in this period depending on the
circumstances are:
> > Form 10: Agreement to extend the
Adjudicator’s jurisdiction.
> > Form 11: Notice of withdrawal of
adjudication claims proceedings
> > Form 12: Notice of consolidation of
adjudication proceedings.
> > Form 13: Adjudicator’s request for
extension of time to deliver adjudication
decision.
> > Form 14: Notice of withholding the
release of the decision until payment of
the fees & expenses in full.
STEP 12: POST-DECISION ACTIONS
● ●
Steps taken by the “Loser” to comply with,
or challenge the Decision:
> > Pay the “Winner” the Adjudicated
Amount, or any Negotiated Amount; or
> > Challenge the Decision i.e. apply to Set
it Aside under Section 15 and/or Stay
under Section 16 of CIPAA.
● ●
Steps taken by the “Winner” to seek/
enforce Decision/its remedies under
CIPAA/Contract:
> > Apply to High Court under Section 28
CIPAA to enforce the Decision as a
Judgement; and/or
> > Suspend or Reduce Rate of Progress
of Work pursuant to Section 29 CIPAA;
and/or
> > Seek Direct Payment from the
“Principal” (as defined in Section 4
CIPAA) under Section 30 CIPAA; and/or
> > Exercise concurrently any other
remedies under the construction
contract or any written law.
Since statutory adjudication is a summary
procedure intended to “pay first, argue later”, the
“loser” has to pay the amount awarded as per
the Adjudication Decision first and, if not happy
with the same, it can then refer the dispute to
arbitration or the courts, as applicable for further
consideration/resolution. In short therefore,
adjudication is the initial layer, or step in the
dispute resolution process and thus is meant to
complement and not replace the other dispute
resolution procedures such as arbitration and
litigation.
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