Adjudication
Dispute Adjudication is an out-of-court dispute settlement instrument for construction disputes from the Anglo-Saxon legal system. The adjudicator makes a decision for all conflicts that arise within a very short period of time, which can, however, be reviewed within legal proceedings. It is therefore designated as provisionally binding. If there are several adjudicators, one speaks of the Dispute Adjudication Board .
In the Housing Grants, Construction and Regeneration Act 1996 ( HGCRA ), which came into force on May 1, 1998, the British legislature added a legal obligation to include an adjudication procedure in building contracts. Construction litigation in England has since decreased by approximately 98%.
When drafting contracts in the international construction and plant engineering business, the widespread model contracts of the Fédération Internationale des Ingénieurs-Conseils ( FIDIC ) are often used. The declared aim of the adjudication procedure anchored in the “Red Book” (Conditions of Contract for Construction) is to provide a fast and efficient instrument for conflict resolution, especially a longer one, for the conflicts between contractor and client that frequently arise during the construction phase The aim is to prevent construction stoppages and the associated substantial risk of damage for the client.
In Germany, too, further out-of-court dispute settlement options for building law are being sought. There was an attempt to enrich mediation and dispute settlement procedures with conflict-appropriate procedures based on the English model. A legal adjudication procedure, which was discussed under the term adjudication , will not come about in Germany after the corresponding plans have been abandoned at the end of 2011.
Individual evidence
- ↑ "Adjudication from the table" "Lawyers darlings", Die Zeit , November 27, 2011, accessed on August 27, 2012