Understanding Rough Justice In Canadian Construction Adjudication: Key Insights And Implications

The article “Rough Justice in Construction Adjudication: It’s Not Natural” dives into the complexities of construction adjudication in Canada. It brings to light how the process, meant to be swift and cost-effective, might often seem unfair to some. Adjudication aims to provide a quick resolution. However, the rushed nature sometimes leads to decisions that feel more like rough justice rather than a fair adjudication process.

It headlines the struggles contractors and subcontractors face. They often find themselves at the mercy of decisions that need more thorough investigations. Misunderstandings and miscommunications can quickly escalate into disputes. This can be particularly challenging when adjudicators make decisions with limited information.

The article also highlights the growing concerns among construction professionals. Many suggest that while adjudication serves an essential role in resolving conflicts quickly, it occasionally overlooks nuanced details. Fast resolutions, though convenient, sometimes result in oversights, making parties feel shortchanged.

Furthermore, the piece delves into the legal landscape around this issue. Lawyers and legal experts often debate the perks and pitfalls. On one hand, they acknowledge that adjudication brings speed and efficiency. On the other, they lament the lack of comprehensive analysis in many decisions. These legal professionals call for a balance, striving for both swift decisions and thorough fairness.

Adjudication, with all its imperfections, remains a staple in the construction industry. It’s a double-edged sword, offering both resolution and occasional rough justice. Those involved in construction need to be aware of these potential drawbacks. Awareness and preparation can help mitigate some of the inherent risks.

Read the full story by: https://www.mondaq.com/canada/construction–planning/1484680/rough-justice-in-construction-adjudication-its-not-natural