Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Adjudicator definition

What does Adjudicator mean? An adjudicator is the neutral decision-maker appointed to determine a dispute by adjudication, usually on a fast‑track, documents‑based basis. In construction disputes the role is created by statute (England & Wales: Housing Grants, Construction and Regeneration Act 1996; Scotland: Construction Contracts (Scotland) Act 1997; Northern Ireland: Construction Contracts (Northern Ireland) Order 1997; Ireland: Construction Contracts Act 2013), with procedural detail supplied by the contract or the relevant Scheme for Construction Contracts. parties appoint an adjudicator directly or through a nominating body (e.g. RICS, CIArb). The adjudicator must act impartially, observe natural justice, address jurisdictional objections, and deliver a reasoned...

Construction adjudicators’ fees and expenses: entitlement, apportionment, reasonableness challenges, liens, and the consequences of jurisdictional errors, natural justice breaches and late decisions under the HGCRA 1996 and the Scheme

Published by a LexisNexis Construction expert

Practice notes

This Practice Note examines an adjudicator’s right to be paid their fees and expenses, their authority to decide who bears that cost, the scope to contest the ‘reasonableness’ of an adjudicator’s fees, and what happens if an adjudicator delivers an unenforceable decision (for example, because they have breached principles of natural justice). It also considers who must meet those sums.

Ordinarily, on appointment an adjudicator will issue terms and conditions of appointment, setting out how they will be remunerated. Those terms may expressly address circumstances where the adjudication concludes early (for whatever reason) or where the decision is unenforceable.

The Practice Note is largely concerned with situations where no terms and conditions are issued, or where they do not deal with the material scenarios, including where such terms are silent on key issues. In particular, it considers the relevant provisions of the scheme for construction contracts (the Scheme), which will apply to the majority of construction contracts.

Key principles

The general principles are:

an adjudicator is entitled to payment of their reasonable fees and expenses
allocation of responsibility for such payment is determined by the adjudicator

...

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Web page updated on 22/05/2026

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