BDT is an Authorised Nominating Authority (ANA
), authorised by the Minister of Building and Housing to appoint adjudicators to determine disputes arising under construction contracts by adjudication under the Act.
There is no requirement
under the Act for the claimant (the party referring a dispute to adjudication) to seek the agreement of the respondent (the party against whom a claim is made in an adjudication) to the selection of the adjudicator.
The claimant does not
require the agreement of the respondent to apply to BDT for the appointment of an adjudicator. Because of its unique position and extensive experience, BDT will almost certainly be better placed than most parties or their advisers to know who is the most appropriate available person to act as adjudicator in any particular dispute and, for the past eight years, parties and their advisers have consistently entrusted BDT to perform that function.
Parties are of course welcome to agree on one of BDT’s adjudicators if they wish, and subject to availability and there being no conflict of interest, BDT will appoint the person selected by the parties. The application form has provision for the parties to advise BDT of any such agreement.
However, the claimant can secure the immediate appointment of an adjudicator by applying to BDT in its capacity as an ANA, without any discussion or consultation with any other party to the adjudication, on the 2nd working day after service of the notice of adjudication (and on any day up to and including the 5th working day after service of the notice) simply by completing the online application form.
Where approval for the issue of a charging order over the construction site is sought, the appointment of the adjudicator must
be made by an ANA (s38A).
An important and significant feature of BDT’s ANA and adjudication service is that, if a dispute arises under a construction contract, a claimant may secure the appointment of a BDT adjudicator within 24 hours of making an application and the respondent cannot delay, avoid or avert the adjudication process and will be bound by the outcome whether or not the respondent participates in the process.
To have BDT appoint an adjudicator click here