Tue 15 Dec 2020

What happens when the adjudicator's decision is received?

Upon receipt of an adjudicator's decision, it should firstly be checked that it has been received in time.  Adjudicator's have until midnight on the date their decision is due to issue it.  If it is not issued on time, the decision will be invalid and will not be capable of being enforced.

The second thing that should be done is to check if there are any errors in the decision.  Paragraph 22 A of the Scheme states: 

"(1) The adjudicator may on his own initiative or on the request of a party correct his decision so as to remove a clerical or typographical error arising by accident or omission.

(2) Any correction of a decision shall be made within 5 days of the date upon which the adjudicator’s decision was delivered to the parties.

(3) Any correction of a decision shall form part of the decision”.

Whilst the Scheme allows 5 days from the date of the decision for corrections to be made, there could be contract terms which allow a shorter or longer period.  If no corrections are made within the time allowed then the decision as issued will stand.

Lastly the party receiving payment should issue an invoice to the paying party and request that payment is made in accordance with the decision.

Next week we will look at issues surrounding the adjudicator's fees.   If you haven’t read our previous adjudication blogs they can be found here.  Our commonly used terms glossary for adjudication can be found in our week two blog.

Should you require any assistance with adjudication, we have a large and experienced construction team who regularly deal with adjudications and we would be happy to discuss the process with you. 

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