Cold Comfort For Adjudicators With Unpaid Fees

Speak to any Construction Adjudicator and it is likely they will tell you that these days things are getting more tricky getting fees paid. There are also horror stories about Adjudicators never getting paid. The adjudication process requires certainty for Adjudicators to be promptly paid for work undertaken. There is no established procedure for Adjudicators to seek security for their fees "up-front" and no Adjudicator will now seek to use the publication of the decision as a bargaining tool for getting paid, for fear of rendering a "late" delivered decision a nullity.

The law in relation to payment of Adjudicator's fees has recently been considered by the Hon Mr Justice Ramsey QC in the Technology and Construction Court ("TCC"). The proceedings involved a well-known Construction Industry Adjudicator against Manchester-based solicitors. The solicitors were party to a contract to carry out fit-out works at their new offices and a dispute under the contract was