Civil Engineering Reference
In-Depth Information
If no adjudicator is named, but an Adjudicator Nominating Body is, then applica-
tion must be made to that body for the nomination of an adjudicator. Most nominat-
ingbodiesrequirepaymentofafeebeforetheywillact,aswellascompletionofan
application form.
Oncethenominationhasbeenmade,theReferringPartyshouldcontacttheperson
nominated and request confirmation that the person is willing to act, as the person
requested to act as adjudicator must indicate within two days of receiving the request
whether or not he is willing to act, failing which a party can apply to the Adjudicator
Nominating Body to select a different person to act as adjudicator.
hetermsofparagraph10oftheSchemeshouldbenoted.Itprovides:
Where any party to the dispute objects to the appointment of a particular person
as adjudicator, that objection shall not invalidate the adjudicator's appointment nor
anydecisionhemayreachinaccordancewithparagraph20.
herefore while an objection to the appointment must be made as soon as the appoint-
ment is made, it will not invalidate the appointment.
An adjudicator nominated prior to the issue of a Notice of Adjudication has been
held to have no jurisdiction to act notwithstanding that an earlier Notice of Adjudi-
cation existed (the change being of limited importance compared to the dispute as a
whole) and that there was no prejudice suffered by the Respondent. See
Vision Homes
Ltd
v
.LancsvilleConstructionLtd
(2009).
16.5 The referral notice
'Referral notice' is arguably a misnomer, as it is a full submission with supporting doc-
umentation, rather than a 'notice'. It should include details of the contract (including
the parties) the background to the dispute, the relevant facts of the dispute plus sup-
porting documents, the contractual and legal basis of the claim, comment on what the
other side's position appears to be and should set out the redress the Referring Party
wishes the adjudicator to grant. This should mirror the redress set out in the Notice
of Adjudication.
A distinction has been drawn between (i) the Referral Notice for the purpose of
starting the Adjudication timetable and to refer the dispute and (ii) the supporting
documents to which reference is made to establish whether or not the referring party's
case has a sound basis, see
KNN Coburn LLP
v.
G.D. City Holdings Ltd
(2013).
16.6 Conduct of the adjudication
16.6.1 The adjudicator's powers
Paragraph 13 of the Scheme sets out the wide-ranging powers of the adjudicator. It
provides:
