The Joint Contracts Tribunal (JCT) suite of contracts is a set of standard documents used by the building industry for construction projects. During a construction process, disputes can sometimes occur between those parties involved. When this does happen, referring the dispute to arbitration can be a quicker and cheaper way of resolving the issues. Going to court to settle a dispute isn’t always a viable option for many individuals and small businesses. In the instance where a consumer is experiencing difficulties with a contractor, arbitration can be a viable alternative. In this article, JCT arbitration, we take a look at the process involved.
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For a free initial discussion on how we can help you deal with JCT arbitration, get in touch with us today. We will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help you avoid making mistakes, saving you money and also avoiding the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or complete our online enquiry form and a member of the team will get back to you.
What is Arbitration?
Construction arbitration is another form of Alternative Dispute Resolution (ADR) and is an alternative to litigation. It is a procedure that can only be adopted where the parties have consented by expressed agreement, or by reference to arbitration giving rise to a right to arbitrate under the Arbitration Act 1996.
There is often a clause in the construction contract allowing for arbitration proceedings to be launched if a dispute arises. Even if this clause isn’t present in the contract, arbitration should be given real consideration as a means to settle a construction dispute.
What is the process involved?
Before a construction dispute can be referred to the arbitration process, there must be an arbitration agreement in writing. In order to determine whether there is an arbitration agreement in place, certain components in the agreement are required to be present.
In many instances, the construction contract will require the parties to seek mediation first. If this is unsuccessful, the dispute can be submitted to arbitration. If an arbitration agreement exists, the terms may stipulate what the procedure is to appoint an arbitrator alternatively the Arbitration Act 1996 gives a default procedure.
Once an arbitrator (or arbitrators) is appointed, a meeting is normally held between all parties with the aim of setting out the process and timetable.
Both parties then have time to prepare for presentations, exchange information and provide written evidence to the arbitrator for review before the hearing.
At the hearing, both parties present their evidence and witness statements to the arbitrator. The hearing isn’t as formal as a litigation hearing although the process is similar. Once the arbitrator has considered all the information and evidence, he will make a decision and dictate the award.
Unlike statutory adjudication, an arbitration award is final, save for very limited rights of appeal.
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Although construction arbitration has fallen out of favour in recent years because of the growing preference for adjudication, arbitration remains a preferred choice for complex dispute resolution cases. Certain cases require levels of detailed and careful examination that only arbitration can offer.
How we can help
We have a proven track-record of helping clients deal with JCT arbitration. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner and support and advise you with all the negotiations. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
How to Contact our Construction Solicitors
It is important for you to be well informed about the issues and obstacles you are facing. However, expert legal support is crucial in terms of saving you money and ensuring you achieve a positive outcome.
To speak to our Construction solicitors today, simply call us on 0345 901 0445, or allow a member of the team to get back to you by filling in our online contact form. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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