The Adjudicators Decision
This article is all about the Adjudicators Decision.
This term is a key component or step of the Construction Adjudication process. If you want to learn more about Construction Adjudication we have an online course for sale on this website.
Stravelles run a course in Adjudication which aims to allow the student to run their own adjudication as the referring or responding party without paying for legal representation.
We support legal representation in more complex cases but we want to encourage especially smaller companies to feel more confident fighting for their contractual rights.
Introduction to The Adjudicators Decision
As one of the last stages in the Adjudication process, the Adjudicator will issue their decision and will award monies or give directions appropriately. The decision is issued by email and by post in the form of a letter.
It usually has reasons for the decisions made but the adjudicator does not technically have to provide reasons or justifications for his decisions.
If you have won or lost the adjudicator will set out what money needs to be paid by each party and when.
What is The Decision in Construction Adjudication ?
The decision in Construction Adjudication is simply one step in the Adjudication process.
There are several steps in adjudication, which we will not go through one-by-one in detail here but just simply list out.
The steps are as follows:
Step 1 Give notice of intention to refer a dispute to adjudication
Step 2 Send application form to the RICS
Step 3 Prepare and send the referral notice
Step 4 Comment on the Other Parties response
Step 5 Deal with the Adjudicator
Step 6 The Decision
Step 7 What happens then?
So, in our list above, The Decision is Step 6. There is no formal step by step list, this is just our guide to help you.
In Adjudicator both parties have their say and then the Adjudicator goes away and issues their decision.
What must be in the decision document ?
The decision document will be in letter form and will be emailed and posted to both parties.
Each Adjudicator will have their own format but will generally include:
- Names and addresses of both parties
- Address and description of the works
- Form of contract used
- Note on whether the Adjudicator has jurisdiction and whether a dispute has crystallised
- Brief notes on the arguments by both parties
- Decision
- Award
What if the Adjudicator makes a mistake?
If the Adjudicator makes a simple grammatical or arithmetical mistake then he or she has up to five days to alter the decision. This can be at the Adjudicators initiative or it can be as a response to a request from one of the parties.
This is called the ‘slip-rule’, and was formally introduced into legislation by the 2011 amendments to the Construction Act and Scheme.
What happens after the Adjudicators Decision ?
Once you have the decision issued you wait until you get paid the money.
If the money is not paid by when the decision states it must then you can apply to the Technology and Construction Court to have the payment enforced.
The other party may decide to the Court not to pay and instead go into administration or liquidation. The winning party is liable to pay the costs of the Adjudicator plus any court costs. This is a risk you need to be aware of.