9 March 2010 22:47

Recovery of an Adjudicators Fees

A trend that we have noticed over the past few months is the reluctance of the losing party not only to pay his opponent but also the adjudicator’s own fees.

The winning party has the option of going to court to obtain an order for summary judgment to force his opponent to pay.  An adjudicator does not have that luxury.

At present, an adjudicator has been prevented from holding back his decision until payment of his fees has been made.  Other options tried by adjudicators include making the referring party pay “up front” or seeking a contribution for both parties at the start of the adjudication.  However, these are not mandatory and a refusal from either or both parties to this request may upset the adjudicator, but once he has accepted the appointment, he has to continue.

The only option an adjudicator has is to sue for his fee.  Often, fees are around the £5,000.00 level.  If they are below that, then if issued in the Small Claims Court then no legal costs are recoverable.   One way however is to issue the claim and then making an application for summary judgment. 

Silver Shemmings specialise in construction claims and are able to assist in recovery of such fees.  For further information please contact Sarah Shemmings on 0845 345 1244 or email sas@shemmingsllp.co.uk,

 

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