Many building contracts and contracts for architects' services contain clauses that provide for disputes to be referred to adjudication. Frequently, the RIBA is named in these contracts as an adjudicator nominating body.
Where there is no express provision for adjudication the parties may nevertheless have a right to refer a dispute to adjudication by virtue of Part II of the Housing Grants, Construction and Regeneration Act 1996. This provides a statutory right to adjudication in most building contracts and contracts for architect's services (a notable exception being a contract with a residential occupier). In general terms where the right to adjudication is supplied by the Act and the contract does not name the adjudicator, nor an adjudicator nominating body other than the RIBA, either party may apply to the RIBA for a nomination.
To request an adjudicator to be nominated please use the form below. Alternatively, contact the Dispute Resolutions Office at the RIBA (Tel: 020 7307 3649, Fax: 020 7307 3793, email: adjudication@inst.riba.org|). An administration fee of £240 plus VAT (or £100 plus VAT for disputes arising under the JCT Building Contract for Home Owner/Occupier) is charged for an application. A cheque should accompany the completed forms.
What happens to your application?
The Adjudication Nomination Officer will approach a person on the RIBA list of adjudicators (see below) who has the relevant expertise to deal with the dispute. The Nomination Officer will ascertain whether the person approached:
a) has any connection with the parties or the subject matter of the dispute which would disqualify him or her as an adjudicator and
b) would be able to take the case without delay.
The nomination
If the person approached is able and willing to take the case, he or she will be nominated, and the RIBA will inform both parties of the fact providing them with contact details for the adjudicator. The parties are asked to make contact with the adjudicator for directions.
Timescales
From receipt of a completed application, the RIBA has up to seven days to nominate a suitable person.
Once nominated, the adjudicator has 28 days to reach a decision (21 days for disputes under the JCT Building Contract for Home Owner/Occupier). The parties may however agree a longer period, and the adjudicator with the consent of the referring party may extend the 28 day period by up to 14 days.
Conclusion of proceedings
Since adjudications are generally not subject to public scrutiny, some form of monitoring is necessary to check that proceedings have been conducted in accordance with the reasonable expectations of the parties. Besides other things it is important that any serious shortcomings on the part of the adjudicator are brought to the attention of the RIBA. To this purpose, the RIBA will invite the parties to complete a short questionnaire at the conclusion of the case.
The RIBA list of adjudicators
Those on the RIBA list have all been interviewed by a panel of experienced dispute resolution practitioners and are considered capable of discharging the duties of an adjudicator possessing expertise in the subject matter of the disputes for which the RIBA is likely to be asked to make a nomination.
Applicants must be able to show that they are suitably qualified, trained and experienced. All applicants are required to complete a written exercise and attend an interview.
The list includes architects, engineers, quantity surveyors and/or lawyers.
Further information
For further general information on the adjudication process as a whole, see the guide to adjudication published by the construction umbrella body's Adjudication Task Group.