Received a Notice of Intent to Apply for Adjudication

[des8]

The housing Grants, Construction and Regeneration act 1996 is quite clear: 106 Provisions not applicable to contract with residential occupier.
(1)This Part does not apply—
(a)to a construction contract with a residential occupier

He not only does not have any jurisdiction, but he has no authority.
he cannot over ride statutory law, so it is interesting that he is going to make a "non binding" decision.
non binding on whom? himself or you or the surveyor or all of you together?

[Donny462]

I have now written to the adjudicator informing him of the `misunderstanding`, but it looks to me like he is going to carry on with the adjudication regardless of whether the application is exempt or not! Below is my email to him, and his reply, please could you let me have your thoughts.

Many thanks

.
Dear xx xxxxx

After having taken advice, we feel that you have misunderstood this application for adjudication by xxxxxx, as mining disputes are exempt from this adjudication process, (and this is in relation to Mining problems), additionally, the right to adjudication does not extend to construction contracts with home owners for works to their principal, private dwelling, as per The Housing Grants Construction and Regeneration Act 1996 sec 106 as amended by the Local Democracy, EconomicDevelopment and Construction Act 2009.

Kind regards



Dear Sir,

Thank you for your email.

I would be grateful if you would advise me whether you or somebody else will be making a Response to the Referral submitted by xxxxxx (notwithstanding your comments).

Meantime, I note your comments, which I take as a challenge to my jurisdiction to act as the adjudicator concerning the dispute. I therefore invite xxxxx to make submission to me concerning the challenge by 5pm tomorrow, whereupon I am obliged to consider the challenge and make my own non-binding conclusion, and advise the parties accordingly.

I look forward to hearing from you both.

Regards

Xx xxxxxxxx

[Donny462]

des8
I haven`t written back to the RICS yet as I was taken into hospital late on Wednesday evening and am just out, However , I shall be writing today, informing them of their `misunderstanding`.

In the meantime, this morning I have received this email from the adjudicator, it would appear that he isn`t aware either of the ruling that adjudication does not extend to mining issues or homeowners for work done to their principal dwelling. Can you please explain to me how this adjudication could make me abide by their adjudication when I am not a member of the RICS or any other body that could apply this adjudication , I am really confused. Many thanks for any help/explanation you can give me .

This is todays email :-

Dear xxx xxxx

Thank you for the Referral received by email yesterday. Please see attached my letter. Hard copy by post.

I have not received any communication from xxx xxxxx concerning this matter. It is imperative that xxx xxxxx contacts me as a matter of some urgency. The timescales in adjudication are very short, and in this regard I would direct her to point 1 of my letter which states that if she wishes to make a written submission and provide any material she wishes me to consider it must be provided by 5pm on 27^th September 2019.

If xxx xxxxx fails to participate in the adjudication, I am obliged to and will make my Decision based on the information before me.


Regards

[Donny462]

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

[des8]

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

[Donny462]

.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.

[Donny462]

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.

[des8]

.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

[Donny462]

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 .