Who must make payment?

The parties are free to make any arrangements as between them for payment of the adjudication fees and expenses after a dispute arises.  (Please note: any agreement about how costs are to be apportioned is not binding on the parties if that agreement was made before the dispute arose).

However, and notwithstanding any valid agreement as between the parties, the parties shall at all times be jointly and severally liable for the adjudicator’s fees and expenses, including any fees and expenses incurred by the adjudicator in the absence of a determination fixing the costs and expenses of the adjudication, together with any additional costs howsoever incurred by the Tribunal in recovering any overdue monies on a full indemnity basis.

An Authorised Nominating Authority
under section 65 of the Construction Contracts Act 2002