TeCSA has been at the heart of the development of statutory adjudication since its introduction in 1996. It produced the first set of compliant adjudication rules. It was active in lobbying government on the nature and form of both the primary and secondary legislation and advised both government and industry bodies in connection with the recent review of its operation.
On 21 June 2019, we launched our pilot for the Low Value Disputes (LVD) Adjudication Service for claims for payment of up to £100,000. Following the success of the pilot, the LVD Adjudication Service is, with effect from 1 January 2020, fully part of TeCSA’s Adjudication Service offering. Please see the LVD page for further details and the application form.
TeCSA provides a broad service to its members and their clients for adjudication in many ways:
It has its own Adjudication Rules (currently version version 3.2.2 which came into force on 21 March 2018) that can be used in place of the Adjudication Rules in the Government Scheme for Construction Contracts, and the LVD Adjudication Service for claims for payment of up to £100,000.
It maintains a multi-disciplinary list of adjudicators, many of whom are TeCSA trained, from which the Chairman makes appointments.
Please note all applications for nomination of an adjudicator should be sent to the current Chairman of TeCSA using the correct FORM.
Please ensure you submit your nomination application form to TeCSA immediately after you have served your Notice of Adjudication. We aim to appoint an adjudicator within 5 days, and under the Construction Act a Referral Notice must generally be served on the Adjudicator and the other party within 7 days of the service of the Notice of Adjudication, otherwise the Adjudication may be invalid. As you cannot serve the Referral Notice until an Adjudicator has been appointed, and as the 5 day appointment time period includes weekends, time is tight. Furthermore, at TeCSA, all appointments are made by senior solicitors (either the Chairman or her designated deputies), and they not only need time to consider who should be appointed, but also need to check that they have no conflict of interest in making an appointment, and potential adjudicators also have to check for conflicts of interest too. Whilst this process is dealt with as quickly and efficiently as possible, it is in the Referring Party’s interest to apply to TeCSA as soon as possible to avoid any issues.
c/o DLA Piper, 160 Aldersgate Street, London EC1A 4HT
A word on Adjudication
Adjudication under the Housing Grants, Construction and Regeneration Act 1996 (as amended by the Local Democracy, Economic Development and. Construction Act 2009) has since 1998 been the predominant means of deciding ‘first tier’ disputes in the construction industry. Correspondingly, it has become an important part of the practice of construction solicitors.
When is adjudication not suitable?
Adjudication is unlikely to help you if you wish to retain control over the solution to your particular dispute.
How is it different from mediation?
In mediation, a neutral facilitator works with the parties to assist them to reach their own solution. An adjudicator is usually an industry specialist professional who makes legal and technical decisions on the dispute which are generally binding on the parties. He decides rather than resolves argument.
How is it different from arbitration?
The aim of adjudication is to decide disputed issues in order to enable work to continue (either indefinitely or while awaiting the decision of a judge or arbitrator). Arbitration is a more formal process, and the arbitrator’s decision is legally binding. For further information regarding TeCSA’s adjudication services, please contact:
Andrew James: email@example.com