Construction Adjudication

What is Construction Adjudication?

Under UK law any dispute arising out of a construction contract (for example disputes relating to delay, payment or alleged defective work) may be referred for adjudication.

CEDR is an Adjudicator Nominating Body (ANB) under the Housing Grants Construction and Regeneration Act, 1996 (The Construction Act).

A construction business, sub-contractor or client can apply to CEDR to appoint an independent adjudicator with the necessary specialist expertise to determine the dispute. CEDR maintains a panel of adjudicators with a range of expertise, who are construction industry specialists and meet the requirements for appointments set out by the Construction Industry Council.

Adjudication Nomination Services

CEDR provides two adjudicator nomination services:

Nominations for Low-Cost Adjudication under the CIC MAP
Nominations for Construction Act Adjudication

1. Low cost adjudication - claims up to £100,000

CEDR can nominate adjudicators to conduct adjudications under the CIC Low Value Dispute Model Adjudication Procedure (LVD MAP).

The CIC LVD MAP sets out a streamlined adjudication procedure for low value disputes, and by linking the adjudicator’s fee to the amount claimed, provides certainty as to how much the adjudicator charges for making an adjudicator’s decision.

CEDR Nomination Fee: £300+VAT – payable on submission of the application form.
CEDR will nominate an adjudicator within five calendar days of receipt of an application and the application fee.
An adjudicator will usually issue a decision within 28 days of appointment.

The adjudicator’s fee depends on the value in dispute as set out below. The hourly rate is capped at £250 plus VAT.

Dispute value	Adjudicator’s fee
Up to £10,000	£2,000
£10,001 to £25,000	£2,500
£25,001 to £50,000	£3,500
£50,001 to £75,000	£4,500
£75,001 to £100,000	£5,000
Over £100,000	Negotiable*

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2. Construction Act Adjudication

CEDR can nominate an adjudicator under the Housing Grants Construction and Regeneration Act, 1996 (The Construction Act).

CEDR Nomination Fee: £300+VAT - payable on submission of the application form.
CEDR will nominate an adjudicator within five calendar days of receipt of an application and the application fee.
An adjudicator will usually issue a decision within 28 days of appointment.
The 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.

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How to use the Service

When applying for the nomination of an adjudicator the Referring Party should ensure that they comply with the requirements of the CIC LVP MAP or the Construction Act as appropriate and provide the following details:

Claim value
Nature of dispute
Geographical location of work/site
Requirements for adjudicator specialist skills and expertise
Any relevant contract provisions

CEDR’s nomination process begins upon receipt of the following:

Nomination fee
Completed application form together with the Notice of Adjudication

CEDR will evaluate the information provided and nominate the most appropriate member of our Adjudicator Panel.

Prior to nomination, CEDR will confirm with the prospective Adjudicator that they:

Have no current relationship with either Party nor any connection with the subject matter of the dispute.
Have no conflict of interest.
Wish to be nominated as Adjudicator and should have sufficient availability to complete the adjudication within 28 days (or other agreed timeframe).

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