The Adjudicator

The NEC adjudicator is an independent person who decides a dispute between the Parties. The decision binds them unless and until a tribunal changes it. The role sits in the dispute resolution Options, W1 and W2, and the appointment can be made in advance or when a dispute arises.

Clause references below follow the NEC4 Engineering and Construction Subcontract (ECS). The NEC4 ECC uses the same structure, but periods may differ, so confirm them in your own contract. To see where this fits, read the NEC roles guide.

How the Adjudicator is appointed

Point	Option W1	Option W2
Used when	The UK Construction Act doesn't apply	The UK Construction Act applies
Appointment terms	The current NEC Dispute Resolution Service Contract at the starting date (W1.2)	The same (W2.2)
No named Adjudicator, or one who resigns	The Parties choose jointly; if they haven't, either can ask the nominating body (W1.2)	Either choose jointly or a Party asks the nominating body (W2.2)
When a dispute can go to adjudication	After the Senior Representatives stage	At any time (W2.2)

NEC3 uses the NEC Adjudicator's Contract in place of the Dispute Resolution Service Contract and has no Senior Representatives stage. See the Dispute Resolution Service Contract guide for the appointment itself. NEC4 also offers Option W3, a Dispute Avoidance Board, which takes a different route to the tribunal.

Naming someone in the Contract Data, or not

A named Adjudicator is agreed before any dispute exists, and both sides know the person. The downsides are availability years later and the fee structure; the person might also have a conflict by the time they're needed. Leaving it blank means relying on the nominating body, so check that one is named and is sensible for your sector. If neither is filled in, the first problem in your dispute will be procedural.

What the Adjudicator can do

• Review and revise an action or inaction of the party managing the contract, which in the main contract means the Project Manager or Supervisor.
• Alter something that has been treated as accepted or correct.
• Investigate the facts and the law on its own initiative.
• Instruct a Party to provide more information, or to take a step needed for a decision, within a stated time.
• Assess extra cost or delay using the compensation event method.
• Correct a clerical mistake or ambiguity soon after giving a decision. The ECS allows two weeks.

The Adjudicator must be impartial. It decides independently, and it doesn't act as an arbitrator. It has protection from liability unless it acted in bad faith, and a Party can't call it as a witness before the tribunal.

The effect of a decision

The Parties keep working as if the matter weren't in dispute until a decision is given. After that, the decision binds them unless a tribunal revises it. Under the ECS's W1, it becomes final if neither Party gives notice in time of its intention to go to the tribunal; the period is four weeks after being informed. Under W1, the Adjudicator has four weeks to give a decision once the time for sending it information has ended, unless the Parties agree to extend it. Under W2, the timetable is driven by the UK Construction Act. The W2 text counts in days, not weeks, and leaves out bank holidays and two other named public holidays.

The time limits guide brings these periods together. Missing one can close off the route altogether, so treat them like any other time bar.

A worked example

A fictional Option C contract where the Construction Act applies. The Project Manager assesses a compensation event at an illustrative £40,000. The Contractor says it should be £95,000.

1. The Contractor proposes talks between Senior Representatives. The Client declines, which W2 allows.
2. The Contractor gives a notice of adjudication, describing the dispute and the decision it wants, copied to the named Adjudicator.
3. The Adjudicator confirms that it can take the case.
4. The Contractor refers the dispute with its evidence, and the Client responds.
5. The Adjudicator decides on £70,000 and gives its reasons, assessing the event as a compensation event. The Parties put that into effect.

Either Party can still take the matter on to the tribunal, following the steps in its W Option. See the tribunal for what happens next.

Common mistakes

• Bringing the same dispute twice. A dispute that is essentially a repeat of an earlier one can't be referred again.
• Treating the Adjudicator as the final word. A tribunal may reconsider, and a Party isn't limited to what it said to the Adjudicator.
• Keeping weak records. The Adjudicator decides on what it is given, and decisions turn on who can show what happened and when.
• Forgetting linked disputes. A subcontract dispute may need to join the main contract adjudication, and the form has rules for this.

For the full process, read adjudication under NEC. If you want to avoid reaching this stage, Senior Representatives are the earlier route.

Related guides

• NEC Roles: Who Does What on an NEC Contract
• Senior Representatives
• An NEC Guide for Quantity Surveyors
• An NEC Guide for Commercial Managers
• The Service Manager
• The Consultant Under the PSC

This guide is general information in our own words, not legal advice. Your contract and its Contract Data always govern. NEC, NEC3 and NEC4 are trade marks of Thomas Telford Ltd; Contract Status is not affiliated with or endorsed by NEC.