Question

1. After the completion of a construction project, the parties went to an adjudication as a dispute resolution method; but, later on, it was determined that the adjudication’s decision was based on clear mistakes in the performed calculations. Are the contractual parties bound by such decision? Explain.

Answer 1

Adjudication is a method for resolving despute between two parties out of court through third neutral party. Both parties are not bound for such decisions. Decision after Adjudiction is needed to enforce by final decision of court. This decision of Adjudiction can be declined by court during arbitration or litigation. As both parties know that decision of the Adjudication was wrong on the basis of clear mistake in claculation therefore they can appeal in court for declining or changing the decision. Decision of Adjudicator is not last.