Adjudication

Adjudication

What is Adjudication?

Adjudication is a simple and efficient method of settling disputes, without resorting to lengthy and expensive court procedure. Adjudication has become the construction industry’s preferred method of dispute resolution, as it recognises the nature of the disagreements that arise within the construction sector. Adjudication involves an independent third party considering the claims of both sides and making a decision. It is a time-sensitive process, with adjudicators making a decision within 28 days. The result of the adjudication process is a judgment and court opinion that is legally binding, and unless revised by arbitration or litigation there is no right of appeal.

CIArb’s role as an Adjudicator Nominating Body

CIArb is an Adjudicator Nominating Body (ANB). This means we appoint adjudicators to help bring resolution to a dispute. Our Presidential Panel of Adjudicators consists of highly qualified and accredited CIArb members, with expertise spanning construction contracting, legal practice, quantity surveying and many other professional backgrounds. Our independent appointment process is designed to select the Adjudicator best suited to the particular requirements and circumstances of your adjudication dispute. What’s more, parties can have confidence in the CIArb accreditation of our Panel members, and that they have been subject to a rigorous panel entry process.

Choose CIArb as your Adjudicator Nominating Body

Why is adjudication effective?

Adjudication is designed to be a cheaper and faster approach to resolving issues:

  • The adjudication process is quick – it takes just 28 days from start to finish (or up to 42 days if the referring party agrees)
  • The speed of the adjudication process helps to ensure the progress of works is not disrupted, and therefore limits cashflow issues.
  • Parties are afforded more control over proceedings as a request for adjudication can be commenced during the course of works.
  • Parties can select the background and discipline of the adjudicator based on the technical expertise required.
  • It is a private and confidential method of dispute resolution.
  • Unless set aside by arbitration or the courts, the decision is binding.

When is adjudication appropriate?

The principle purpose of adjudication is to maintain cashflow during construction projects. It is therefore appropriate for resolving financial disputes including:

  • Time extension claims
  • Time delay claims
  • Final account disputes

Adjudication can also be used in matters relating to a breach of contract.

Find out more about how we can help you with Adjudication

Adjudication for SMEs

To meet the need of SME’s to manage their disputes in an affordable and timely manner, a new mechanism has been developed specifically catering to low value disputes. This is called the Low Value Disputes Model Adjudication Procedure (LVD MAP)

A copy of the procedural rules can be found below:
CIC low value disputes model Adjudication Procedure

CIArb are named as an Adjudicator Nominating Body (ANB) on the Construction Industry Council’s (CIC) Low Value Disputes Model Adjudication Procedure (LVD MAP). This initiative offers a simple, cost effective adjudication process which will assist the parties to resolve lower value claims. Compliant with the Housing Grants, Construction and Regeneration Act 1996 (as amended), the CIArb offers the appointment of an adjudicator under this process at a capped appointment fee of £300 inclusive of VAT whereby an independent Adjudicator decides the matter within a prescribed timescale, usually 28 days.

The LVD MAP is aimed at non-complex disputes, where the total value of the claim falls under £50,000 or less, excluding VAT. The Adjudicators fees and expenses are capped based on the value of the claim which falls within a three-tier bracket as set out below.

Claim Value Adjudicator’s fee
Up to £10,000 £2,000
£10,001 to £25,000 £3,500
£25,001 to £50,000 £6,000

Apply for the appointment of an adjudicator:

Please complete the application form below to apply for the appointment of an adjudicator under the Low Value Disputes Model Adjudication Procedure (LVD MAP).

Request for Appointment of an Adjudicator under the (LVD MAP)

For more information email das@ciarb.org

Further useful forms

Request for Appointment of an Adjudicator Form

Request for Three Names for Adjudication Form