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Received a Notice of Intent to Apply for Adjudication

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  • Received a Notice of Intent to Apply for Adjudication

    Our property has suffered Subsidence from underground coal mining, it has been an ongoing battle, but recently the aspects where we represented ourselves against the Coal Authority, we won and work is due to begin shortly on our home. As part of the Coal Mining Act, anyone whose property suffers from coal mining subsidence, is allowed to instruct an `expert` to help with the claim and costs are to be met by the Coal Authority.

    For one aspect of our claim which went to Arbitration, we instructed an `expert` to represent us as he was a structural engineer, and the services of one such qualified person were needed, we instructed him as he told us that he had `gone up against the CA 25 times and only lost one case, and that was because the claimant backed out`. He certainly talked the talk, but when it came down to it, he didn`t walk the walk and he made numerous mistakes, which ended up in large aspects of our claim being refused,and us losing out on a great deal of money! Added to which, the arbitrator (wrongly!), made the ruling that we had to pay our own costs of our `expert`, which are around £30,000.00...so not only did the `expert` lose us a lot of money, he then expected us to pay him nearly £30,000.00 for doing so, which is extortionate given what others have charged or the same service!

    We have made a complaint to the Central Arbitration Committees Service regarding the Arbitrators ruling that we have to pay our experts costs, given that the Coal Mining Act states Claimants `experts` services are paid for by the Coal Authority and that is currently being dealt with. However, today, I have received a Notice of Intent to Apply for Adjudication from the Structural Surveyor, wherein he is trying to get an Adjudicator make me pay his bill! Not only that, he clearly states that he will be picking the Adjudicator!

    My question is this, can this man apply to an Adjudicator to make me pay his bill whilst a complaint is ongoing with the CACS? If so, is it right that he can pick who the Adjudicator is? Surely, that would be unfair as how can they be classed as unbiased if they know this man? Please can anyone advise me how to deal with this?

    Many thanks

    Tags: None

  • #2
    Please can anyone advise me? I have now had an email stating Adjudication is starting and the person Adjudicating is none other than the guys oen Solicitor! How can he be impartial? The answer is, he can't and I am now at my wits end .

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    • #3
      .If they are claiming a right to statutory adjudication under or a term of your contract you could point out to the solicitor
      that the right to adjudicate does not extend to construction contracts with home owners for works to their principal, private dwelling.

      The Housing Grants, Construction and Regeneration Act 1996 sec 106 as amended by the Local Democracy, Economic Development and Construction Act 2009

      Comment


      • #4
        Des8 thank you so much for your reply.
        On reading the notes for adjudication, it states that adjudication cannot be used in coal mining cases (which mine is), nor can it be used for residential/ private properties, which of course mine is...I thought I had misinterpreted it , or misunderstood it, so for you to confirm the section regarding private properties, is music to my ears! Thank you so much! I will let you know what happens.

        Comment


        • #5
          Originally posted by des8 View Post
          .If they are claiming a right to statutory adjudication under or a term of your contract you could point out to the solicitor
          that the right to adjudicate does not extend to construction contracts with home owners for works to their principal, private dwelling.

          The Housing Grants, Construction and Regeneration Act 1996 sec 106 as amended by the Local Democracy, Economic Development and Construction Act 2009
          Hi @Des8
          On reading the notification of the adjudication from the RICS, they state :-

          " The dispute relates to ******* invoices raised for expert advise relating to the adequacy of remedial works required to a residential property following mining subsidence"

          Surely the RICS should know that the right to adjudicate does not extend to construction contracts with home owners for works to their principal , private dwelling? Or have I got it wrong? Please can you advise?

          I have never signed any contract with this person either. and I have a complaint in against him as he was grossly negligent. and it ended up with him walking off the job over a year ago, leaving us living in a property classed as dangerous, and us having to deal with the problem ourselves.

          Comment


          • #6
            RICS do know, but the office boy might not
            Suggest you draw everyone's attention to what seems to be a "misunderstanding"

            Comment


            • #7
              Ahhhh thank you Des8, I didn't think of that

              Comment

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