SCRUTINY OF ADJUDICATOR'S DETERMINATION

The Building Disputes Tribunal is committed to delivering consistent, professional adjudication services of the highest possible standard.

Unless a party takes objection, each determination by a Tribunal Adjudicator is subject to ‘scrutiny as to form’ by one of the Tribunal’s Principal Adjudicators before being given to the parties. Scrutiny as to form is a unique and key element of the Tribunal’s adjudication service ensuring that Adjudicators’ determinations are of the highest possible standard and are thus less susceptible to correction or challenge in the courts.

This process provides the Tribunal with an effective quality assurance regime, reduces the likelihood of errors requiring correction by Adjudicators within the statutory period of 2 working days after the determination is given to the parties, and provides parties with an additional layer of protection that would not otherwise be available since an Adjudicator’s determination regarding payment of money under a construction contract is prima facie binding and enforceable. Scrutiny of a determination as to form is directed to identifying any errors in computation or any clerical or typographical errors or any errors as to form or any errors of a similar nature; the Adjudicator’s independence in rendering the determination is not affected by the process and the determination of any points of substance and the matters at issue is, and remains at all times, the sole preserve and responsibility of the appointed Adjudicator.

This unique quality assurance mechanism makes the Tribunal’s adjudication service the country’s most reliable adjudication system. There is no additional cost to the parties for this service.