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Adjudication was developed to allow for construction contract disputes to be resolved on an interim basis more quickly and cost-effectively than resolution through arbitration or litigation. Its objective is to provide a fast-working solution to an issue (pending the outcome of, or without the need for, a more formal dispute resolution procedure) so that parties can quickly resume or continue work under the contract.
Adjudication was developed to allow for construction contract disputes to be resolved on an interim basis more quickly and cost-effectively than resolution through arbitration or litigation. Its objective is to provide a fast-working solution to an issue (pending the outcome of, or without the need for, a more formal dispute resolution procedure) so that parties can quickly resume or continue work under the contract.
In usual circumstances, adjudicators have to render their decision within 28 days from appointment and the adjudicator's decision is binding unless or until the dispute is finally determined by court proceedings, arbitration, negotiation or mediation.
CEDR has authority to act as an Adjudicator Nominating body (ANB) under the auspices of the Housing Grants Construction and Regeneration Act, 1996 and the Local Democracy, Economic Development & Construction Act 2009. This means that CEDR can nominate an adjudicator from its when a party to a construction contract issues a referral notice to adjudicate. It also means that CEDR can be named as the appointing authority in construction contracts and parties can agree to adopt the CEDR Rules for Construction Adjudication.
- CEDR charges a fee of £250.00 + VAT for nominations.
- Adjudicators fees normally range between £125-£300 per hour.
- High value or complex adjudications may require the services of adjudicators who charge considerably higher fees.
- The adjudicator’s hourly rate for conducting the adjudication is agreed by the adjudicator directly with the parties following nomination by CEDR. They will also provide the parties with details of their terms and conditions.
- When applying for the nomination of an adjudicator under “The Scheme for Construction Contracts” (the Scheme) please note the following points in relation to the time restrictions laid down by the Scheme Regulations relating to the referral notice:
- The referring party must notify the responding party with the Notice of Adjudication in accordance with the Scheme Regulations
- The Notice shall set out briefly –
The nature and a brief description of the dispute and of parties involved.
Details of where and when the dispute has arisen.
The nature of the redress which is sought, and
The names and addresses of the parties to the contract (including, where appropriate, the addresses which the parties have specified for the giving of notices).
- Our nomination process begins upon receipt of the on-line referral form and a copy of the Adjudication Notice. CEDR will evaluate the information provided and nominate the most appropriate member of the Adjudication Panel having established their availability to act.
- A copy of the Notice must be attached to the application form and emailed to [email protected] at time of application.
- Where an adjudicator has been selected in accordance with paragraphs 1 and 2, the referring party shall, not later than seven days of the Notice of Adjudication, refer the dispute in writing (the ‘referral Notice') to the adjudicator.