Adjudicator Definition

GLOSSARY

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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.

View the related checklists about Adjudicator

Completing the JCT 2016 Intermediate Building Contract Particulars—checklist

Completing the JCT 2016 Intermediate 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 Checklist...

Completing the JCT 2016 Minor Works Building Contract Particulars—checklist

Completing the JCT 2016 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...

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...

Discover our 280 Practice Notes on Adjudicator

Short form of consultant’s appointment

Short form of consultant’s appointment This Agreement is made on the [insert date] day of [insert month and year] Parties 1 [Insert Employer name] (Company Registration No. [insert number] whose registered office is at [insert office]) (the 'Employer' which term shall include all permitted assignees or other transferees under this Agreement); and 2 [Insert Consultant name] (Company Registration No. [insert number] whose registered office is at [insert office]) (the 'Consultant') Whereas (A) The Employer has entered into or proposes to enter into a contract with [insert name of contractor] of [insert contractor's address] for the [design and] construction of a [insert brief description of the project] (the ‘Project’) at [insert location of site] (the 'Building Contract'). (B) The Employer wishes to appoint the Consultant to perform the services set out in Schedule 1 (the 'Services') in accordance with the Agreement It is hereby agreed as follows 1 Definitions and Interpretation 1.1 In this Agreement the following expressions shall have the following meanings: [Beneficiaries • any and all...

Legal charge to secure overage payments

Legal charge to secure overage payments Date [insert date of deed] Parties 1 [insert name of buyer] [of [insert address] OR incorporated in England and Wales with company registration number [insert company registration number] whose registered office is at [insert address]] (the Buyer); and 2 [insert name of seller] [of [insert address] OR incorporated in England and Wales with company registration number [insert company registration number] whose registered office is at [insert address]] (the Seller). 1 Definitions In this deed the following definitions apply: 1925 Act • Law of Property Act 1925; Affordable Housing • has the meaning given to the term 'social housing' in the Housing and Regeneration Act 2008; Competent Authority • any local authority highway authority or other authority or body exercising powers under statute or by royal charter or any utility service or supply company or body; Costs • all costs, charges, expenses and liability on a full and unlimited indemnity basis incurred by the Seller (including without limitation all legal and...

Dive into our 52 Precedents related to Adjudicator

Does a deputy appointed by the Court of Protection have the right to serve a notice severing a joint tenancy on behalf of the person lacking capacity?

Does a deputy appointed by the Court of Protection have the right to serve a notice severing a joint tenancy on behalf of the person lacking capacity? Severing a joint tenancy Section 36(2) of the Law of Property Act 1925 (LPA 1925) allows one joint owner to serve a written notice on the other joint owners, severing their joint tenancy in equity. Further information on the methods by which a joint tenancy can be severed can be found in the Lexis®PSL Property Practice Note: Severance of a joint tenancy. Deputies’ powers It will be necessary to start by looking at the deputyship order to see the scope of the deputy’s powers. See Practice Note: The deputyship order, which sets out: ‘Since the introduction of the Mental Capacity Act 2005 (MCA 2005), deputyship orders are in most cases widely drafted and, subject to any specific restrictions in the order itself or imposed by the MCA 2005, leave the deputy free to work within the framework of the MCA 2005,...

A property abutting a roadway was conveyed within a rule 72 transfer in 1975. Is there any current case law which deals with the inclusion of the roadway within the title to the property either under the ad medium filum rule or pursuant to section 62 of the Law of Property Act 1925?

A property abutting a roadway was conveyed within a rule 72 transfer in 1975. Is there any current case law which deals with the inclusion of the roadway within the title to the property either under the ad medium filum rule or pursuant to section 62 of the Law of Property Act 1925? The law relating to the ownership of roadways is often complex. There are statutory and common law principles that, depending on the circumstances of the case, may prevail. There is a statutory presumption that, where a road or path is a highway maintainable at public expense, the surface vests in the highway authority pursuant to section 263 of the Highways Act 1980. However, insofar as the subsurface soil, it is presumed that the owner of land abutting on a road is also the owner of the adjoining section of the road up to the middle line (ad medium filum). There is also a presumption that where a conveyance is made by a person who...

See the 41 Q&As about Adjudicator

Construction adjudication–common themes and key takeaways

Construction analysis: King’s College London (KCL) third report on construction adjudication in the UK, titled ‘2024 Construction Adjudication in the United Kingdom: Tracing trends and guiding reform’ ( Adjudication Report), confirms that adjudication continues to be a popular method of resolving disputes in the construction industry. In this article, Joseph Hale and Jennifer Fitzmaurice, partner and professional support lawyer at Eversheds Sutherland, consider the report and what the future might hold for statutory adjudication in the UK.

Release from reverse indemnity undertakings (Knight v Barnsley)

Private Client analysis: Her Honour Judge Hilder determined that the Court of Protection did have jurisdiction to determine a dispute over the claimant’s deputy’s release from reverse indemnity undertakings, on the basis that this was the method of resolution the parties had agreed to in the settlement agreement that provided for the reverse indemnity undertakings, albeit she doubted whether it was ‘right’ for civil disputes to be brought to the Court of Protection in this way. She also considered the potential tension in the Court of Protection’s role in such cases and adopted an approach to determining the dispute that aimed to ameliorate that tension whilst maintaining the Mental Capacity Act 2005 (MCA 2005)—mandated focus on P’s best interests. Written by Katherine Hampshire, barrister at Serjeants’ Inn Chambers.

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