RICS Adjudicator now on board what happens next

[bb41]

After a long term saga in another thread with builders taking me to court , I now have got an RICS adjudicator assigned to my case who I instructed.
My question is if the adjudicator rules totally in my favour can or will the builders still go to court.

If the adjudicator says I still have an amount to pay am I ok to go ahead and pay the amount to the builders.

I'm glad I have now got an independent body looking at all the evidence as all I wanted was an impartial decision as it was an emotional build

[charitynjw]

Re: RICS Adjudicator now on board what happens next

After a long term saga in another thread with builders taking me to court , I now have got an RICS adjudicator assigned to my case who I instructed.
My question is if the adjudicator rules totally in my favour can or will the builders still go to court.

If the adjudicator says I still have an amount to pay am I ok to go ahead and pay the amount to the builders.

I'm glad I have now got an independent body looking at all the evidence as all I wanted was an impartial decision as it was an emotional build

Hi bb41

Would this be via ACRE?

[bb41]

Re: RICS Adjudicator now on board what happens next

Hi bb41

Would this be via ACRE?

I went through the application process through a link another member pointed me to :

http://www.rics.org/uk/join/member-a...-adjudication/

- - - Updated - - -

They have appointed an adjudicator this morning to oversee my evidence if this helps

[charitynjw]

Re: RICS Adjudicator now on board what happens next

I went through the application process through a link another member pointed me to :

http://www.rics.org/uk/join/member-a...-adjudication/

- - - Updated - - -

They have appointed an adjudicator this morning to oversee my evidence if this helps

It would obviously be an advantage if the other party was 'on board'.

You could offer; if they refuse, imho it would be to their detriment.

[bb41]

Re: RICS Adjudicator now on board what happens next

I suppose it shows that I am trying to sort things out, however they have been threatening for so long and I have offered to settle at an amount that I thought was acceptable to them but they never acknowledge

[Ripped-Off]

Re: RICS Adjudicator now on board what happens next

Statutory Adjudication is binding and enforceable, but the case can be later referred to a High Court Judge for a '2nd opinion'. This should not be confused with an appeal.

The whole process of adjudication grew out of the adversarial nature of the UK construction industry in the 1980's & 90s where builders would unfairly withhold payments to sub-contractors. Statutory Adjudication was born through the introduction of the Housing Grants Construction & Regeneration Act 1996 (HGCRA), It has been so successful that the format has been copied around the world and has also found its way into the homeowner market through the JCT Homeowner Scheme. This is where your case comes in, but yours is not Statutory Adjudication pursuant to the HGCRA, but rather voluntary contractual Adjudication that adopts similar procedures.

The adjudicator must have jurisdiction to hear your dispute otherwise his decision cannot be enforced by the Court. In order to have jurisdiction he must have been properly appointed under the contract. If you don't have a JCT Homeowner Contract then your adjudicator has no jurisdiction. Conversely, if he does have jurisdiction the other party has to take part, whether they like it or not, otherwise the adjudicator proceeds ex parte to a decision. Better still, the adjudicator decides how his/her fees are to be split, that could be 100:0, 50:50, 60:40, all depending on how persuasive your case is.

Now, supposing you have a JCT Homeowner contract and the adjudication provisions at Section K have not been deleted.......

1. You apply to the RICS or RIBA (also known as the ANB - Adjudicator Nominating Body) for an adjudicator to be appointed.
2. When you are notified that an adjudicator has been nominated the other side will also be notified, so they should have by now received the RICS letter.
3. Any court hearings will still proceed but you could apply to the County Court for a stay pending a decision from the adjudicator. Others on this forum can advise you how to apply for a stay of Court proceedings, However, the adjudicator will normally issue a decision within the next 21 days.
4. The adjudicator will contact both parties and ask them to provide their evidence and also advise you of his hourly rate.
5. Adjudicators are very sensitive about communicating with one party in the absence of the other as it often leads to a challenge of bias. Do not be surprised if the adjudicator refuses to talk to you in private.
6. When both parties have submitted their evidence the adjudicator will consider this and provide a decision, usually within 21 days.
7. If you want to be able to appeal an adjudicator's decision on the grounds of bias or natural justice issues then always ask that s/he provides reasons for the decision. They will not do so unless you write and ask NOW, before the decision is given.
8. The decision and reasons may be useful if the case goes to court as you will have an unbiased professional opinion.
9. Unless you are told otherwise by the adjudicator or the RICS/RIBA then any correspondence such as emails etc. should also be copied to the other side.
10. The decision is binding. Rule 22 of the RICS Scheme says

"The customer and the contractor must follow the adjudicator’s decision as part of their obligations under the building contract, unless and until either party obtains a court judgment about the dispute which is different from the decision of the adjudicator."

In my experience, adjudicators' decisions are rarely referred to a High Court judge for a 2nd opinion, but many are referred for enforcement.

Finally,if you win the adjudication, the other party has to pay you now. If they refuse to pay, you take the decision to the Court and they will enforce it for you. If they want their money back they have to go to Court. Simples!

[bb41]

Re: RICS Adjudicator now on board what happens next

Many thanks for all your help on this your advice has been excellent, I will let you know how it goes. I have a JCT contract and the adjudicator has been appointed