The overriding objective of the TeCSA Adjudication Service is to promote high quality dispute resolution processes to the construction, engineering and technology industries.
In order to meet this objective, the TeCSA Adjudication Service has reviewed and updated its Service, Rules and Nomination processes as follows:
- requiring the referring party to send a copy of the nomination form to the responding party at the same time as the nomination form is sent to TeCSA. TeCSA also retains the absolute discretion to send any documents or other communications to the other party as appropriate;
- updating the applicable nomination fee payable to TeCSA to £350 and increase the cap on Adjudicator's daily fees to £2,500 to ensure that TeCSA continues to attract the best in class adjudicators; and
- providing that if an agreed Adjudicaotr has not confirmed his willingness to act, than any Party shall no later than 2 days after receipt of the Notice apply to TeCSA for a nomination;
- updating the grievance procedure for adjudications:
- Appeal Committee to consist of 3 appropriately qualified and experience individuals
- Appeal Committee to review the facts and information available to the original decision maker as well as any new facts or information which, whilst not before the original decision makers, were in existence at the time of the TeCSA Decision and are relevant.
- Appellant and TeCSA shall bear any and/or all of their legal or other costs
- updating its guidance on potential bias and conflicts of interest and requiring potential Adjudicators, before acceptance of a nomination, to confirm to TeCSA (and on an ongoing basis) that they do not have any conflict of interest and are not aware of any matter which would reasonably give rise to concerns as to apparent bias.