Fixed Fee Adjudication Scheme

Fixed Fee Adjudication Scheme

Adjudication can be a quick, efficient and cost-effective way to resolve construction disputes through an experienced, impartial, qualified adjudicator who will be , either a solicitor or barrister specialising in construction law or an Architect or Surveyor.

Through our adjudication service, you can reach a legally binding decision on a dispute at proportionate cost to the value of the dispute. Due to the nature of Adjudication, legal costs cannot be recovered and it is for this reason that we have developed a Fixed Fee Adjudication Service for payment disputes so as to provide our clients with certainty as to fees.

Disputes are best avoided, but we’re here to help if you need to resolve a matter quickly and easily with our Fixed Fee Adjudication Service (FFAS).

Adjudication can help you reach a decisive resolution to a construction payment dispute, where the correct and proper notices have not been provided, preventing further delays and disruptions and increasing cash flow.

The Adjudicator’s decision will be legally binding on the parties and is enforceable in a court of law.

 

How can Palmers help?

For the party referring a dispute, the 28-day timescale allows for a speedy resolution which protects cashflow and minimises disruption and delay on site, provided the referral is carefully drafted and the necessary procedures are complied with so as to avoid any successful challenges by the responding party.

For the party responding, it is vital that the issues raised by the referral are understood and addressed quickly to ensure that a comprehensive response that advances all available arguments on jurisdiction and merits can be submitted within the seven-day response window.

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Our Fixed Fee Adjudication Scheme

Our specialist Construction Law Team provides the experience and skills to help you through the adjudication process.  We also work closely where needed with specialist Construction and Engineering Barristers, Crown Office Chambers, who also have a fixed fee adjudication scheme.

Our transparent pricing structure allows you to plan ahead and resolve payment disputes in the absence of the correct and proper notices, without unexpected costs.

 

All values and costs given exclude disbursements and VAT.

Matter value Adjudication cost under FFAS
Up to £25,000 £3,500
£25,000 – £35,000 £4,250
£35,001 – £50,000 £5,000
£50,001 – £75,000 £6,000
£75,001 – £100,000 £7,500
£100,001 – £200,000 £9,500
£200,001+ £11,500

As indicated the above costs do not include disbursements and these would typically include the referral fee to the nominating body, any expert fees that maybe required and counsel’s fees if a barrister is required.

Where a barrister is required, Crown Office Chambers charge a fixed fee on the following basis:

For adjudications up to a value of £100,000 (excluding VAT), counsel’s fees are £5,000 plus VAT

For adjudications valued between £100,000 and £200,000 (excluding VAT), counsel’s fees are £7,500 plus VAT.

 

Our Fixed Fee Scheme will include:

For a Referring Party (if you are commencing a claim in adjudication):

  • Advice on merits and strategy.
  • Drafting Notice of Adjudication, Referral Notice and Reply (if required).
  • Reviewing and drafting Witness Statements.
  • Correspondence with the other party and the Adjudicator.
  • Attendance and representation at any Hearing directed by the Adjudicator (limited to hearings of one day or less).

For a Responding Party (if you are defending a claim in adjudication):

  • Advice on merits and strategy.
  • Drafting Notice of Response and Rejoinder (if required).
  • Reviewing and drafting Witness Statements.
  • Correspondence with the other party and the Adjudicator.
  • Attendance and representation at any Hearing directed by the Adjudicator (limited to hearings of one day or less).

 

We also offer fixed fees for adjudications relating to other construction disputes such as, final account disputes, true value adjudications, delays/extension of time claims and loss and expense for delay claims. To discuss these types of disputes please speak to one of our team for further information.

 

Want to know more? Contact us to get started with adjudication or find out more about our FFAS.

Supervising Director, Construction Department

Commercial Hub, Basildon

Solicitor

Commercial Hub, Basildon

Senior Associate

Commercial Hub, Basildon

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Our specialist team of solicitors have the experience and approach you need. Contact us today.

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