Terms of Engagement as Adjudicator

Last Changed 16 October 2007

D Atkinson BSc (Hons) LLB (Hons) C Eng FICE FCIArb FInstCES DipICArb

STANDARD TERMS FOR ACTING AS "ADJUDICATOR"

These are my standard terms

  1. Fees are to be calculated at £285 per hour for the time spent on or in connection with the Adjudication, including but not limited to time spent on administration travelling and reading documents and submissions and attending meetings.
  2. All disbursements (including the cost of such legal or other advice as I may, at my ultimate discretion but after consultation with the parties, think it fit to take) to be charged at cost.
  3. All fees and expenses to be subject to the addition of Value Added Tax at the appropriate rate.
  4. The Referring Party shall pay an appointment fee of £2,850 within 7 days of my appointment. This fee will be deducted from the final statement of any sums which shall become payable. If the final statement is less than the appointment fee the balance shall be refunded.
  5. The Parties shall make such further payments on account of my fees and expenses at such times as I may reasonably require and in such proportions as I may in my absolute discretion direct. All payments, shall be made within 7 days of the date of the invoice.
  6. Any documents supplied by the Parties will be disposed of 48 days after the date of my decision, or returned to the party who supplied the documents on written request.
  7. Any fees and expenses not paid within the time limits specified shall be subject to the addition of simple interest at 5% above the base rate of Lloyds TSB Bank Plc from time to time calculated from the date the payment is due to the date of the actual payment.
  8. I, my employees and agents, are not liable to the parties for an action or failure to take action in the adjudication unless the action or failure to take action is in bad faith.
  9. The parties indemnify me, my employees and agents against claims, compensation and costs arising out of my decision unless the decision was made in bad faith.