Adjudication Matters December 2015: Festive Edition

Test your adjudication knowledge in our Christmas Quiz and be in with a chance to win a bottle of bubbly.

Submit your answers to Carly Thorpe at carly.thorpe@walkermorris.co.uk, or by post to the below address, by 5pm UK time on Friday 18 December 2015.

Carly Thorpe

Walker Morris LLP

Kings Court

12 King Street

Leeds

LS1 2HL

The correct answers will be published on Monday 21 December 2015.

1. The slip rule under the Scheme for Construction Contract 1998 allows an adjudicator to correct a typographical or numerical error in his decision. Within how many days from the date of delivery of his decision to the parties can the correction be made?
2. The parties may agree who will pay each other’s legal costs of an adjudication before the notice of adjudication has been served. True or false?
3. If the adjudicator’s terms and conditions do not set out the circumstances in which the adjudicator is entitled to be paid, and the court declines to enforce an adjudicator’s decision, is the adjudicator still entitled to be paid his fees and expenses?
4. Can an adjudicator refuse to issue his decision until his fees have been paid?
5. If a responding party reserves its position on jurisdiction and refuses to sign the adjudicator’s terms and conditions, but participates in the adjudication, can the adjudicator still recover his fees from that party?
6. Within how many days will the TCC aim to list adjudication enforcement proceedings?
7. Can the referring party amend a notice of adjudication after it has been served?
8. Can an adjudicator’s decision be severed so that only part of it is enforceable?
9. Does the Contracts (Right of Third Parties) Act 1999 grant a third party the right to adjudicate a dispute arising under a construction contract?
10. The Construction Act 1996 only applies to ‘construction contracts’. Which 2 of the following activities are not ‘construction contracts’ under the Construction Act 1996?
    • a. A contract to find and negotiate a land purchase
    • b. The erection of scaffolding
    • c. The installation of a large conveyor belt system
    • d. Fabricating plant on one site in England, prior to it being transported to a second site in England to be installed
    • e. The construction of an off shore wind farm anchored to the sea floor
11. Does the Scheme for Construction Contracts allow the adjudicator to determine his own jurisdiction?
12. Do the TeCSA adjudication rules allow the adjudicator to determine his own jurisdiction?
13. What is the limitation period for challenging an adjudicator’s decision?
14. If the contract states that the parties must attempt to negotiate any disputes, can a party choose to refer the dispute to adjudication before any negotiations have taken place?
15. In adjudication proceedings, if a party wished to reply to a Rejoinder, what would that submission be called?