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GLOSSARY

Adjudicator definition

Published by a LexisNexis Construction expert

What does Adjudicator mean?

The individual appointed to oversee an adjudication dispute between two parties.

Either appointed by agreement between the parties or by the appropriate 'adjudicator nominating body' take for example, the ICE, RICS RIBA dependant on which is specified in the contract or, if none, the required discipline for the nature of the dispute.

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Drafting a building contract/schedule of amendments—checklist

Drafting a building contract/schedule of amendments—checklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method—construction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters • Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor’s company number and name at Companies House. • Obtain consultants’ details Confirm the full details of the consultants engaged by the employer; some...

Completing the JCT 2024 Minor Works Building Contract Particulars—checklist

Completing the JCT 2024 Minor Works Building Contract Particulars—checklist The Agreement, Recitals, Articles and Contract Particulars at the start of a JCT contract set out the project specific details for the particular works to be carried out. It is very important that these are fully completed and that the details are correct to avoid ambiguity and disputes regarding what is required. This Checklist provides practical guidance as to how to complete the details including links to relevant Practice Notes which provide detailed information on the areas covered. It is aimed at those who are relatively new to dealing with JCT contracts. An employer will often arrange for the architect/contract administrator or other consultant to complete the particulars at the start of the contract and will then ask its lawyer to check the contract before the parties execute it. Alternatively, a lawyer may be asked to fill in all of the details but they will need input from the client or its consultants as to the details to be inserted. This...

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The adjudicator's powers, directions and duties

Produced in association with 4 Pump CourtThis Practice Note looks at the powers and duties that an adjudicator has when acting on an adjudication, focussing particularly on those under the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) and the Scheme for Construction Contracts.References below to paragraph numbers in the Scheme for Construction Contracts are to paragraphs within Part I of the Scheme.IntroductionAn adjudicator’s powers and duties are normally defined by the rules under which they are appointed (which are typically set out or incorporated in the relevant contract). Although there may be differences between the various adjudication rules, in most cases, the differences are matters of emphasis rather than being fundamental changes. However, it is always important to review the specific rules to determine (a) the extent of the powers and obligations and (b) confirm that they comply with the HGCRA 1996 (if this applies to the contract—see Practice Note: What is a construction contract under the HGCRA 1996?).Where the HGCRA 1996 applies, and there are no adjudication...

Appointing the adjudicator

Produced in association with 4 Pump CourtThis Practice Note looks at the issues that a referring party will need to consider when seeking the appointment of an adjudicator, such as the timetable, whether an adjudicator is specified or appointed by an adjudicator nominating body (ANB), requirements for a particular adjudicator, and restrictions on or attempts to exclude certain persons from adjudicating the dispute. Finally, guidance for corresponding with the adjudicator is provided.In relation to an adjudicator’s ability to resign and/or for a referring party to terminate their appointment, see Practice Notes: Resignation by the adjudicator and Abandoning or ending an adjudication early.IntroductionOnce the Notice of Adjudication has been served, the referring party will need to seek the appointment of an adjudicator in a timely manner. This is because the adjudicator must be appointed and the Referral Notice served on them within seven days after the Notice of Adjudication (where the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) applies). Where the HGCRA 1996 does not apply, a different period...

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Adjudication clause—construction contracts

Adjudication 1 Any dispute or difference arising under or in connection with this [agreement OR Contract] may be referred to an adjudicator appointed at the request of either party by the [Insert details of nominating body, for example the Technology and Construction Solicitors‘

Restructuring plan/Scheme of arrangement: wording for company’s website

Restructuring plan/Scheme of arrangement: wording for company’s website These restructuring plan/scheme FAQs were last updated by the Company on [insert date the Company last updated these FAQs]. Q1: Why have you contacted me? We are contacting everyone we think might be a creditor/shareholder of [insert name of Company proposing the restructuring plan/scheme] (the Company), which has also traded as [insert trading names], to inform them about a restructuring plan/scheme of arrangement we are proposing. Creditors are people to whom the Company owes money. You might be a creditor because: we had a business relationship with you; the Company rented premises from you; or you supplied other goods or services to the Company. [Shareholders are people holding [ordinary] shares in the Company.] Q2: What is a restructuring plan/scheme of arrangement and why are you proposing it? A restructuring plan/scheme of arrangement is a legal process which allows a company to enter into an agreement with particular creditors/shareholders. For the restructuring plan/scheme to go ahead, it must be...

Dive into our 30 Precedents related to Adjudicator

The final and binding nature of Pension Ombudsman determinations and abuse of the process in litigating the same matters (Wilson v Port of Felixstowe Pension Trustee Ltd)

Pensions analysis: The court struck out as an abuse of process the claimant’s claim for a declaration as to the true construction of the rules (‘the Rules’) of the Port of Felixstowe Pension Plan (‘the Plan’) on the basis that the Pensions Ombudsman (‘the PO’) had already made a final and binding determination (‘the PO’s Determination’) against the complaint of the claimant, which he had not appealed, in respect of the same issues raised in the claim. Written by Oliver Hilton, barrister at Radcliffe Chambers, Lincoln’s Inn.

Restructuring and Insolvency weekly highlights—29 May 2025

This week's edition of Restructuring and Insolvency weekly highlights includes: the launch of our Market Insights Trend Report on Part 26A restructuring plans, an analysis of the convening judgment in the restructuring plan for Madagascar Oil Ltd, the launch of the 13th edition of Doyle, Keay and Curl: Annotated Insolvency Legislation, plus a round-up of other news and cases for restructuring and insolvency professionals.

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