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Adjudication Service and Panel Update

Explore recent trends in UK adjudication services, changes to the TeCSA Adjudication Service assessment process, and updates on the TeCSA Adjudicators Panel. Gain insights into appointments, panel sizes, disciplines, sources of appointments, successful parties, disputes, procedures, and more. Stay informed about the Adjudicator List, CPD requirements, periodic assessments, nomination processes, and best practices. Learn about challenges, fees, and decision-making in UK adjudication.

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Adjudication Service and Panel Update

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  1. Adjudication Service and Panel Update Simon Tolson

  2. Introduction Recent trends in UK adjudication TeCSA Adjudication Service Changes to Service (Assessment process) TeCSA Adjudicators Panel 2013 Changes to the Panel Feedback from recent assessment process Future plans

  3. Introduction…trends in UK adjudication Popularity has fluctuated over the years. Statistics show that in the 1998/1999 year there were only around 200 ANB appointments. This figure then rose to approx. 2000 in the peak era of 2000-2002, before dropping to around 1850 in 2003. The number of appointments has continued to fluctuate, dropping to around 1000 pa in 2010/11 with an increase across the next two years, first to around 1100 and then to 1351 in 2012/13 and in 2013/14 the No is 1282.

  4. Introduction…trends in UK adjudication The Adjudication Reporting Centre (ARC) at Glasgow Caledonian University until 2012 had sponsored Janey L Milligan and Lisa H Cattanach to carry out the definitive research - the last 2 years the Adjudication Society sponsored. TeCSA is obliged to Janey with whom it shares its data for the following:

  5. Introduction…trends in UK adjudication

  6. Introduction…trends in UK adjudication numbers TeCSA is down about 6% on appointments on this time last year. 78 to 14 November 2014. However for last 7 years our average has been [79] pa!

  7. UK Adjudication – adjudications per annum Time Period All ANBs TeCSA 2008-09 1730 113 2009-10 1538 61 2010-11 1064 73 2011-12 1093 78 2012-13 1351 83 2013-14 1282 78

  8. UK Adjudication – ANB Panel sizes ANB Panel AICA 12 CCS 15 CEDR 46 CIOB 38 CIA 145 CIC 76 IChemE 16 ICE 63 RIBA 68 RICS 114 TECBAR 82 TeCSA 77

  9. UK Adjudication – Adjudicator Primary Disciplines Disciplines (some dual qualified) ANBs TeCSA Chartered Quantity Surveyors 34.8% 26 33.77% Lawyers (Sols and Bars) 34.5% 46 59.74% Chartered Engineers 12.4% 7 9% Chartered Architects 6.5% 3 3.89% Chartered Builders 4.3% - Chartered Building Surveyors 1.8% - - Construction Consultants 2.2% - -

  10. UK Adjudication – Source of appointment – main sources still via ANBs

  11. Fluctuation in referrals 2013/14

  12. UK Adjudication – Successful Parties – Referring parties doing Less well!

  13. UK Adjudication – Primary Subjects

  14. UK Adjudication – Amounts in dispute

  15. UK Adjudication – Parties

  16. UK Adjudication – Procedure adopted

  17. UK Adjudication – Timescale

  18. UK Adjudication – Decisions

  19. UK Adjudication – Challenges to appointments

  20. UK Adjudication – Fees - the data for reporting period to April 2013 shows that the most common hourly fees are in excess of £200 (48.02% of sample).

  21. Adjudication Service - Overview 3 main elements: The Adjudicator List Compulsory CPD for TeCSA Adjudicators Periodic assessments of Adjudicators

  22. Adjudication Service – the Adjudicator List Currently 78 members 2 members suspended Last year (2013) we had 13 members removed 3 new candidates to join. Monitoring make-up No plans for further formal ‘review’ in next 12 months but waiting list growing – kept under appraisal

  23. Adjudication Service – Compulsory CPD Annual returns now received from most members for August 2013 – July 2014 Reminder of minimum requirements – page 6 of AS The level of CPD required for adjudicators is intended to reflect the knowledge and experience needed to successfully undertake the role of adjudicator Action where experience not sufficient

  24. Adjudication Service – periodic assessments Reminder of process: Minimum requirements Stage 1: Assessment of two (redacted) decisions Stage 2: The Interview: ‘satisfactory’ or ‘not satisfactory’ May 2013 - changes to Assessment Procedure more flexibility to make recommendations where outcome is ‘Not Satisfactory’ (Appendices 2 and 3) Interviews conducted November 2014

  25. Adjudication Service – periodic assessments Feedback from interviews nomination process - transparency follow-up information when not appointed standard format for adjudicator CVs on website ‘Matrix’ to capture adjudicator’s sector experience working group to produce TeCSA guidance on decision writing ‘Best practice’ approach, non-prescriptive

  26. Adjudication Service – periodic assessments Nomination process – no Eurocom v Seimenshere! Criteria - clause 4 Adjudication Service pp 1 and 2 Subject matter of dispute Professional discipline and office location Parties’ location not an issue Related disputes Emphasis on selecting right adjudicator for dispute Location now generally not a factor Pre-agreements / contractual naming

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