The following Construction guidance note provides comprehensive and up to date legal information covering:
Produced in association with 4 Pump Court
This Practice Note explains the different situations where an adjudicator may resign, whether it be of their own volition or mandatory, and looks at the procedure for resignation. For guidance on the parties’ liability to pay the adjudicator’s fees following resignation, see Practice Note: An adjudicator's fees and expenses. In relation to the ability of a referring party to bring an adjudication to an end, see Practice Note: Abandoning the adjudication .
Whether or not an adjudicator may resign voluntarily is determined by the rules governing the adjudication, although in practice if an adjudicator does not wish to act there may be little the parties can do (or would want to do) to compel the adjudicator to continue acting. Common reasons for resignation include illness or unforeseen personal circumstances, but most rules which permit voluntary resignation do not expressly require the adjudicator to give reasons.
The Scheme for Construction Contracts permits the adjudicator to resign at any time by giving notice in writing to the parties (Part I, para 9(1)). However, other sets of rules, for example the TeCSA Adjudication Rules, make no provision for the adjudicator to voluntarily resign.
The main reasons which, depending on the particular contract or circumstances, could require an adjudicator to resign include:
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