Adjudication

Introduction

You can relax, safe in the knowledge that Cap X Solutions will manage the entire adjudication process on your behalf. We will field all communications and keep you informed and updated at every stage. We aim to work for you while working with you and welcome your thoughts and contributions at any time. Our case management procedure is outlined below.

Surveyor Advocate

Referral or Response

All facts relevant to the case are compiled by us on your behalf, including the relevant contract provisions, statute, relevant case law, obtaining written expert evidence, witness statements of fact all into a persuasive submission detailing your case. In so establishing liability we will also compile and present the amount of the claim, counterclaim or defence for the amount in dispute, including other heads of claim that you may not have considered.

Subsequent Submissions

Whether there are further submissions required in the form of a Reply, Rejoinder, Surrejoinder and/or if the Adjudicator decides to hold a hearing, Cap X will be your representative in the entire proceedings.

The Decision

Our dedication to your case will not end once the decision has been published. You will be provided with an interpretation of the decision along with our recommendation on any further steps that may be open to you. We will continue to work with you to bring about the best possible result and will establish a course of action for you to either enforce or resist the adjudicator’s decision in the Technology and Construction Court.

Expert Witness Evidence

Loss & Expense Claims

Our Expert will compile the quantum of the loss and/or expense incurred and/or likely to be incurred, the cost of rectification of the defective works and other damages for breach of contract. The claim will be compiled based upon actual cost incurred and likely cost when not incurred at the time, but likely to be incurred, thereby permitting the adjudicator to not only make a decision on the actual loss and expense but also to make a declaration on the likely loss and expense.

Professional Negligence of the Quantity Surveyor

Did the Quantity Surveyor act with Reasonable Skill and Care in carrying out the services for its Employer? This is a question that we have answered when providing Expert Witness Evidence. Although the tribunal is Adjudication this Expert Service will be in accordance with Part 35 of the Civil Procedure Rules; the Practice Direction Part 35 Experts and Assessors; the Protocol for the Instruction of Experts in Civil claims and the Royal Institution of Chartered
Surveyors Practice Statement and Guidance Note for Surveyors acting as Expert Witnesses.