Appointment of an adjudicator under JCT 98
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See also: Adjudication.
The process of appointment of an adjudicator under JCT 98 provisions:
- Clause 41A.1: either party may refer any dispute to adjudication
- Clause 41A.2: the adjudicator shall either be an individual agreed by both parties, or an individual to be nominated by the person named in the Appendix, provided that:
- Clause 41A.2.1: no adjudicator shall be agreed or nominated who will not execute the JCT standard agreement for appointment on an adjudicator, and
- Clause 41A.2.2: where either party has given notice of his intention to refer a dispute to adjudication then:
- any agreement by the parties must be reached with the object of securing the appointment of the adjudicator within 7 days of the notice
- any application to the nominator must be made with the object of securing the appointment of the adjudicator within 7 days of the notice
- once agreed or nominated, the parties shall execute with the adjudicator the JCT adjudication agreement
The particulars to be provided with the referral documents should include:
- Particulars of the dispute
- A summary of the contentions on which the referring party relies
- A statement of the relief or remedy that is sought
- Any material the referring party wishes the adjudicator to consider
- Referral documents should be copied to the other party
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