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

Low Value Adjudications

Small and Medium-sized Enterprises (SMEs) play a significant role in the construction industry, and Ciarb offers SMEs a cost-effective means of resolving non-complex and low value (£100,000 or less excluding VAT) disputes.

Ciarb has worked with the Construction Industry Council (CIC) to offer an efficient and streamlined low-cost adjudication procedure, which provides a:

• Timely way to deal with disputes: the adjudicator reaches their decision within 28 days of the date of referral (or a longer period if agreed by the parties or the referring party).
• Cost effective: the procedure offers risk mitigation and certainty to parties, as capped fees are provided for both Ciarb’s appointment fee (£300 inclusive of VAT) and the adjudicator’s fee (£2k - £5k depending on dispute value and a cap of £250 per hour rate):

*The LVD MAP may be used where the value of the dispute exceeds £100,000, if the issues in dispute are relatively straightforward and suitable for being decided under the LVD MAP, and the adjudicator is satisfied that the LVD MAP is an appropriate process for dealing with the dispute having regard to the factors set out in paragraph 48. In such circumstance the prospective Adjudicator shall write to the Parties setting out the basis of their proposed fees and expenses.

You can trust Ciarb’s expertise and dedication to excellence, to speedily appoint an adjudicator from its panel of adjudicators, who possess a wealth of knowledge and experience in construction law and dispute resolution.

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).

Click here to apply

Low Value Disputes Model Adjudication Procedure (LVD MAP):

More information about the CIC LVD MAP Second Edition can be found at: CIC Low Value Disputes Adjudication | Construction Industry Council.

For more information email das@ciarb.org

Further useful forms

Request for Appointment of an Adjudicator Form

Request for Three Names for Adjudication Form