In advance of the amendments to the Construction Act 1996 coming into force in October 2011, the bodies that produce standard forms of contract issued amendments to cater for the Act’s amendments. Some were simply a matter of changed wording (for example, “withholding” changed to “pay less“) but some changes to the NEC and ICC standard forms give rise to some interesting drafting questions.
In my post, The vexed question of adjudicators fees, I discussed ways that the adjudicator and the parties could manage the adjudication process to keep costs down.
That post sets out the background to this issue and refers to the Adjudication Society panel debate, Adjudicator’s fees and the costs of adjudication – over the top?, which was held at the offices of Charles Russell LLP last month.
This post looks at other issues related to adjudicators’ fees, such as the level of fees, the perceived lack of regulation and accountability of adjudicators, and challenging the reasonableness of the adjudicator’s overall fee. Continue reading
My last blog looked at the difficulties that can arise in a typical FIDIC scenario where an employer does not honour a dispute adjudication board (DAB) decision that is binding, but not final.
This blog looks at the difficulties that can arise in relation to the definition of the “dispute” that is submitted to the DAB and then to arbitration.
