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Question: BSc (Hons) Quantity Surveying. Adjudication: Are Subcontractors penalised by Main Contractors for using adjudication against them, and do these penalties outweigh the short term financial benefits that could be gained?

Answer: It has been professed in published reports that subcontractors enjoy a high degree of success when referring disputes with main contractors to adjudication. Furthermore, the costs for doing this are considerably lower than the previous dispute resolution alternatives of arbitration and litigation. Main contractors consider the process to be biased towards the referring party, and claim to be ambushed by subcontractors who use adjudication. As a consequence of this, some relationships between subcontractors and main contractors can break down to the point where they no longer work with each other. This study, using the data collection methods of questionnaires, supported by interviews, considered whether subcontractors regularly forgo their statutory entitlement to adjudication, despite it’s the high probability of success and also considered whether the main contractors claims of being...(short extract)

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  • Subject: Other Subjects
  • Course: Quantity Surveying
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 73%
  • Words: 22000
  • Date submitted: May 18, 2009
  • Date written: April, 2007
  • References: Yes
  • Document type: Dissertation
  • Essay ID: 1567

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