Ingenieur Vol.70 Apr-June 2017 ingenieur Apr-June 2017-FA | Page 77

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. 75