The Adjudicator: Role, Appointment & Qualifications

Adjudicators play a central role in ensuring that construction adjudication is fair, independent and efficient.

Who Is the Adjudicator and What Do They Do?

The adjudicator must be an independent and impartial person.
They are not allowed to give either party the perception of bias.

Adjudicators will generally:

• have many years of experience in the construction industry and disputes;
• manage the adjudication and its timetable;
• produce a fair and enforceable decision.

Section 108(4) of the Construction Act requires a construction contract to provide that the adjudicator is not liable for anything done or omitted to be done unless the act or omission is in bad faith.

The adjudicator may be:

• named in the contract,
• appointed by the appropriate adjudicator nominating body, or
• agreed by the parties.

Qualifications of Adjudicators

Adjudicators are often experienced professionals such as:

• quantity surveyors,
• engineers,
• architects, or
• construction lawyers.

Many are accredited by relevant professional bodies and have undergone specific adjudication training.

Role of Consultants and Lawyers in Adjudication

Adjudication has become increasingly legalistic.

The Referring Party and Responding Party are often represented by specialist construction consultants or lawyers.

You may also be interested in reading:

• What if someone starts an adjudication against you?
• How Construction Adjudication Works
• Legal Framework for Construction Adjudication
• Challenging, Appealing & Correcting Adjudication Decisions
• Enforcement of Adjudication Decisions

Free initial enquiry

Our construction adjudication specialists would ideally be involved as soon as possible and before an adjudication notice is served. Whatever stage you are at, you can increase your prospects of success immediately by discussing matters with us. A free initial consultation with us at an early point could mean a drastically different result at the end of an adjudication.

We offer a free one hour initial consultation for new clients. Please contact us by phone, email or using our contact form for a free initial consultation. We can discuss how we can help you get the most out of the adjudication process.

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