Prime Dispute Adjudication Clause
To have disputes resolved by 'Adjudication'* it is suggested that the following clause is copied and pasted within contracts or agreements.
"A party to this contract ("the Referring Party") may at any time give notice in writing to the other party of its intention to refer a dispute arising under the contract to adjudication. For this purpose “dispute” includes any difference. The parties may agree the identity of the adjudicator. Where an adjudicator is not agreed within 2 days of the Notice being given the Referring Party shall immediately apply to Prime Dispute for the nomination of an adjudicator, which nomination shall be communicated to the parties within 5 days of receipt of the application. The adjudicator shall be a [Fellow]**of Prime Dispute. Within 7 days of the Notice the Referring Party shall refer the dispute to the adjudicator. The adjudicator shall reach a decision within 28 days of referral or such longer period as is agreed by the parties after the dispute has been referred. The adjudicator may extend the period of 28 days by up to 14 days, with the consent of the party by whom the dispute was referred. The adjudicator has a duty to act impartially. The adjudicator may take the initiative in ascertaining the facts and the law. The decision of the adjudicator is binding until the dispute is finally determined by legal proceedings, by arbitration (if the contract provides for arbitration or the parties otherwise agree to arbitration***) or by agreement. The parties may agree to accept the decision of the adjudicator as finally determining the dispute. The adjudicator may correct the decision so as to remove a clerical or typographical error arising by accident or omission. The adjudicator is not liable for anything done or omitted in the discharge or purported discharge of his functions as adjudicator unless the act or omission is in bad faith, and that any employee or agent of the adjudicator is similarly protected from liability".
Prime Dispute References:
* The Housing Grants, Construction and Regeneration Act 1996 (HGRA - also known as the Construction Act) applies to all contracts for 'construction operations' (including construction contracts and consultants' appointments). If contracts fail to comply with the act, then the Scheme for Construction Contracts applies.
**If appropriate, replace "[Fellow]" with 'Member' of Prime Dispute.
***Please refer to the arbitration clause which may also be added within the contact.
To have disputes resolved by 'Adjudication'* it is suggested that the following clause is copied and pasted within contracts or agreements.
"A party to this contract ("the Referring Party") may at any time give notice in writing to the other party of its intention to refer a dispute arising under the contract to adjudication. For this purpose “dispute” includes any difference. The parties may agree the identity of the adjudicator. Where an adjudicator is not agreed within 2 days of the Notice being given the Referring Party shall immediately apply to Prime Dispute for the nomination of an adjudicator, which nomination shall be communicated to the parties within 5 days of receipt of the application. The adjudicator shall be a [Fellow]**of Prime Dispute. Within 7 days of the Notice the Referring Party shall refer the dispute to the adjudicator. The adjudicator shall reach a decision within 28 days of referral or such longer period as is agreed by the parties after the dispute has been referred. The adjudicator may extend the period of 28 days by up to 14 days, with the consent of the party by whom the dispute was referred. The adjudicator has a duty to act impartially. The adjudicator may take the initiative in ascertaining the facts and the law. The decision of the adjudicator is binding until the dispute is finally determined by legal proceedings, by arbitration (if the contract provides for arbitration or the parties otherwise agree to arbitration***) or by agreement. The parties may agree to accept the decision of the adjudicator as finally determining the dispute. The adjudicator may correct the decision so as to remove a clerical or typographical error arising by accident or omission. The adjudicator is not liable for anything done or omitted in the discharge or purported discharge of his functions as adjudicator unless the act or omission is in bad faith, and that any employee or agent of the adjudicator is similarly protected from liability".
Prime Dispute References:
* The Housing Grants, Construction and Regeneration Act 1996 (HGRA - also known as the Construction Act) applies to all contracts for 'construction operations' (including construction contracts and consultants' appointments). If contracts fail to comply with the act, then the Scheme for Construction Contracts applies.
**If appropriate, replace "[Fellow]" with 'Member' of Prime Dispute.
***Please refer to the arbitration clause which may also be added within the contact.
PROTECTING YOUR FUTURE
When you sign a contract or agreement you don’t always think a dispute will arise. If it does what will you do? we have designed clauses which you can include within your contracts or agreements for free. Remember before you sign a contract or agreement to include a dispute clause to avoid any unnecessary costs or delays in the future! Read More
When you sign a contract or agreement you don’t always think a dispute will arise. If it does what will you do? we have designed clauses which you can include within your contracts or agreements for free. Remember before you sign a contract or agreement to include a dispute clause to avoid any unnecessary costs or delays in the future! Read More
