Adjudication Injustice

Now here’s a thing, I started a discussion recently on Linkedin about an adjudication issue we had crop up with a client of ours.

The issue was that we had successfully defended a claim against our client. We beat them fair and square as the saying goes. Now I’m not one to boast about our achievements (maybe I should!) but I saw it as all in a days work and how we go about doing things: Give the client the service they want (tell them how it is, mind you!) pay your dues and let’s work together on the next project. Just be professional about things, you know?

So here’s the issue: As I say, we defended the referral notice successfully with the adjudicator ruling in our client’s favour. He also decided that the other side should pay all of his fees too. Here comes the justice part: The other side (being advised by a reputable claims consultancy business I’ll add) have decided that they will not pay the adjudicator’s fees. Basically they don’t like the justice that has been served on them. So guess what… Yes, you guessed it… The adjudicator is signed up on the basis of joint and several liability. So our client has to pay the fees in full and then spend more money trying to get that money back too! Now to me that’s not really justice for our client. He has, quite rightly, defended a claim made against him; it’s been ruled that he’s right, and now because the other side don’t like the result for something they started, our client picks up that tab too! He’ll never get his money from the subcontractor as I fear they will not be around. As the theme of the comments made make… That’s life and the way of adjudication! Suck it up and get on with it!

If you want to read all of the comments or participate in the discussion (have you ever come across the situation where the other side refuses to pay the adjudicators fees?) you’ll have to join the Contract Risks Management Group – Construction Industry on Linkedin. Or otherwise you can post your comments here!

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About Me

I’m now the Managing Director of Mynott Associates Limited my own specialist measurement business. I’ve been in the industry all of my life since I left school. My first job was with Bovis Construction as a management trainee where I trained to become a quantity surveyor. I’ve worked for contractors all through my career, I am FRICS, FCIOB and MCIHT qualified and act as an RICS assessor. I’m also a keen Arsenal supporter having followed them from a young boy

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