ADJUDICATION

Adjudication is a speedy means of dispute resolution by an independent party. ACE is an adjudicator nominating body.

The Housing Grants, Construction and Regeneration Act 1996 gives parties a statutory right to refer any dispute or difference under a contract to adjudication at any time. This does not have to be set out in written form and exists in the majority of construction contracts, including design contracts.

If the contract does not refer to a specific adjudication procedure, a statutory scheme for construction contracts applies. ACE Agreements provide for adjudication.

The Users’ Guide to Adjudication produced by the Construction Umbrella Bodies Adjudication Task Group and published by the Construction Industry Council, is a useful independent guide to the process.

NOMINATING AN ADJUDICATOR

Should parties be unable to agree on an adjudicator, a nominating body can appoint one to resolve the dispute. ACE is a nominating body and appoints all adjudicators in the case of disputes with parties who use ACE agreements.

The application form should be accompanied by a notice of adjudication which informs the respondent party that a dispute has arisen and is being referred to adjudication. It also defines the scope of the dispute that the nominated Adjudicator has the jurisdiction to decide.

THE ADJUDICATION PROCESS

The procedure to be used in disputes arising under ACE Agreements follows the Construction Industry Council Model Adjudication Procedure.

ACE maintains a list of adjudicators. The matter must be referred to an adjudicator within seven days of the notice of adjudication. The Adjudicator must decide the dispute within a further 28 days, unless an extension is agreed after the date of the referral notice.

An administrative charge of £300.00 +VAT (£360.00) is payable to ACE for this service. To discuss the adjudication process further, please contact us.