Adjudicator's remuneration and liability
Adjudicator's remuneration and liability

The following Construction guidance note provides comprehensive and up to date legal information covering:

  • Adjudicator's remuneration and liability
  • Key principles
  • Entitlement to payment
  • Apportionment
  • Parties jointly and severally liable
  • Adjudicator's decision as to their fees is final
  • Fees following resignation/revocation of the appointment of an adjudicator
  • Liability for fees when the adjudicator lacks jurisdiction
  • Liability for fees when the adjudicator breaches rules of natural justice
  • No liability on adjudicator

Produced in association with 4 Pump Court

Abbreviations used in this Practice Note:

  1. HGCRA 1996—The Housing Grants Construction and Regeneration Act 1996

  2. The Scheme for Construction Contracts—The Scheme for Construction Contracts (England and Wales) Regulations 1998, SI 1998/649

  3. revised Scheme for Construction Contracts—The Scheme for Construction Contracts (England and Wales) Regulations 1998, SI 1998/649 as amended by two regulations:

    1. English Scheme Amendments—The Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (Wales) Regulations 2011, SI 2011/1715

    2. Welsh Scheme Amendments—The Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011, SI 2011/2333

Key principles

Typically, when an adjudicator is appointed, the adjudicator will send out his or her terms and conditions of appointment, which will include the basis on which he or she will be paid and which may make explicit provisions for situations where the adjudication ends early (for whatever reason) for where the decision in unenforceable. The remainder of this Practice Note covers the situation where the adjudicator does not issue terms and conditions, or where the terms and conditions do not cover the material situations.

The general principles are:

  1. the adjudicator is entitled to payment of their reasonable fees and expenses

  2. such fees and expenses are determined by the adjudicator

  3. where the underlying contract was entered into prior to 1 October 2011 the adjudicator has the

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