- On 21 June 2019 TeCSA launched a pilot for a low value disputes (LVD) adjudication service, and 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.
- The LVD Adjudication Service is aimed at giving parties who wish to refer disputes to adjudication certainty as to the costs of the Adjudicator for claims for fixed amounts of up to £100,000 (excluding VAT and interest).
- The LVD Service only applies to claims for a specified amount i.e. a liquidated sum, as between two parties. Whilst there is no restriction on the type of financial claims which could be made (e.g. the claim could be for retention, sums certified under a contract, damages and loss and expense), the LVD Service does not apply to claims where the amount sought has not been quantified e.g. damages or loss and expense to be assessed.
- Save where the claimant has undervalued the claim, or the claim is not for a specific sum of money only, or involves more than 2 parties, then subject to any provisions in the construction contract, the Adjudicator does not have any general right to resign over and above the usual grounds for resignation (for example, the dispute referred is the same as one already decided by a previous adjudicator).
- TeCSA have created a separate panel of LVD Service adjudicators from their existing panel, and if you wish to commence an adjudication then you will need to use the specific LVD Service application form which can be downloaded from the TeCSA website (www.tecsa.org.uk). The nomination fee which applicants need to pay is £250.
Further details are available on the relevant page of the TeCSA web site and if you have any queries, please do not hesitate to contact Andrew James, Harrison Clark Rickerbys Solicitors, Chairman of the Adjudication Committee.