PROCESS FOR THE APPOINTMENT OF ADJUDICATORS

An application for the appointment of an Adjudicator must be made to the Building Disputes Tribunal within 5 working days of service of the Notice of Adjudication on the other party or parties to the construction contract and the owner if the owner’s liability and approval for the issue of a charging order in respect of the construction site owned by the owner is sought, or approval for the issue of a charging order over a construction site owned by the respondent is sought, unless the parties have agreed to a longer period.

An adjudication in which the claimant seeks approval for the issue of a charging order in respect of a construction site in the Notice of Adjudication must be conducted by an adjudicator nominated for the purpose by an Authorised Nominating Authority. A claimant does not require the agreement of the respondent to apply to the Building Disputes Tribunal as an Authorised Nominating Authority for the appointment of an Adjudicator.

In an adjudication in which the claimant does not seek approval for the issue of a charging order in respect of the construction site, the claimant does not require the agreement of the respondent to apply to the Building Disputes Tribunal as an Authorised Nominating Authority for the appointment of an Adjudicator unless the parties to the dispute have agreed on an Adjudicator or a nominating body after the dispute has arisen and before a Notice of Adjudication is served.

Where no such agreement has been reached, a claimant may secure the appointment of a Building Disputes Tribunal Adjudicator without discussing the matter with the respondent or attempting to reach agreement with the respondent on the Authorised Nominating Authority.

A claimant may secure the appointment of a Building Disputes Tribunal Adjudicator within 24 hours of making an application.

A person is appointed as an adjudicator to determine the dispute on serving a notice of acceptance that confirms the person meets the eligibility criteria for adjudicators under section 34 of the Act.

Under its fully administered adjudication service, the Building Disputes Tribunal will serve a Notice of Acceptance on behalf of the person selected from its panels to act as adjudicator on receipt of first, a properly completed application form and payment of the required security for the adjudicator’s fees and expenses and secondly, confirmation from the person requested to act that he or she meets the eligibility criteria for adjudicators, is willing and available to act in that capacity and has no conflict of interest. The Notice of Acceptance will almost always accompany the Notice of Nomination thus streamlining and speeding up the appointment process.

The Tribunal has developed a simple online application form that may be accessed and completed through our website. The Tribunal does not charge an application fee for the nomination of Adjudicators.

To have a Building Disputes Tribunal Adjudicator appointed simply click here