Who is the Adjudicator?

The Adjudicator is a 'natural person'. A person may be an adjudicator in relation to a construction contract if registered as an adjudicator under this Act.  A person cannot be appointed as an Adjudicator if the person is a party to the contract.

ASC Adjudicators and Areas of Expertise 

ASC currently maintains a small panel of 13 trained adjudicators under the NSW Act.  We believe that a small panel is beneficial as it allows all of our adjudicators to adjudicate on more matters, which means greater experience and a greater knowledge of the Act and the issues arising. A brief overview of the background and experience is provided below: 

• Contract Law Specialists

• Business Development Management

• Building & Construction Law

• Arbitration and Dispute Resolution

• Practising Lawyers

• Graded Commercial Arbitrators

• Accredited Construction Adjudicator (Academy of Construction Adjudicators, London UK)

• Bachelor of Engineering

• Practising Civil Engineers

• Electrical

• Building

• Plumbing

• Trainer of Construction Adjudicators (NSW and VIC Acts)

• Trainer of Project and Contract Management Training Courses

The Role of the Adjudicator

The Adjudicator is the person who makes the adjudication decision. The decision will be in writing and includes reasons for the decision.

The Adjudicator will decide;

• Amount of the progress payment, if any, to be paid by the respondent to the claimant;

• Date on which the amount became or becomes payable; and

• Rate of interest payable on any amount.

The adjudicator is to consider the following matters only;

• Provisions of the Act

• The construction contract

• Payment claim and all submissions properly made by the respondent in support of the claim

• Payment schedule, if any, together with all submissions that have been properly made by the respondent in support of the schedule;

• Results of any inspection carried out by the adjudicator of any matter to which the claim relates.

How is the Adjudicator paid?

It is the policy at ASC that no determination is released until the adjudicator's fees are paid. Accordingly, once ASC receives the adjudicator's decision, ASC will notify both parties of the Adjudicators fees. Once the fees have been paid for the purposes of release, ASC will release the decision to both parties and will pay the adjudicator. In the determination, the Adjudicator will state who is liable for the fees. Accordingly, if the claimant has paid for 100% of the adjudication fees and expenses but the Adjudicator has stated that the parties are equally liable, then the respondent must pay the claimant their share of the fees and expenses.

How is the Adjudicator appointed? 

ASC does not appoint adjudicators on a rotary basis, meaning we do not appoint the next in line. At ASC we appoint the adjudicator who we believe is the best person to adjudicate your matter. We believe that this ensures fair and just outcomes for both the claimant and respondent.

When ASC receives an Adjudication application, a case manager is appointed. The case manager will be the point of contact for both the claimant and respondent. The case manager will manage the case from start to finish and will be able to answer any of your questions regarding the process.

The Case Manager will determine which adjudicator is best suited to decide the adjudication application.

The process of selecting the appropriate adjudicator will have regard for the following:

• The Case Manager will read through the application to ascertain the nature of non-payment for the dispute ie technical issues, legal issues or general contract issues.

• Based on the information ascertained the adjudicator will be chosen based on their relevant background, area of expertise and experience.

• Two adjudicators will be selected - a 'primary' adjudicator and one 'reserve' adjudicator.  Both the primary and reserve adjudicators will be contacted by the Case Manager.  If the 'primary' adjudicator cannot accept the nomination then the 'reserve' adjudicator will be nominated immediately.

To ensure that issues of probity are maintained, prior to nomination there is a requirement for each adjudicator to declare the following:

• They have the qualifications, expertise and experience necessary to competently carry out the adjudication in accordance with the Act;

• They are not a party to the contract;

• They will at all times act in accordance with the ASC Code of Conduct; and

• They consider they have no conflict of interest in adjudicating this application.

 If assistance or further information is required please contact us on 1300 722 624