Frequently Asked Questions
The referral will have to provide everything you want to say about the dispute and any evidence you wish to provide, see clause W1.3(1) and (3). Remember the adjudicator knows nothing about your contract, so you need to explain it and the dispute clearly to them, why you dispute the project manager’s decision and what decision you want the adjudicator to make.
If the adjudicator is unable or unwilling to act, they need to tell you so when they receive the referral and they should resign. Then you can either agree with the employer who the replacement is, or you can ask the adjudicator nominating body named in the contract to choose a new adjudicator. This is all set out in clause W1.2(3).
The adjudicator is then appointed by both parties under the NEC3 Adjudicator’s Contract and will usually provide you and the employer with a copy of the proforma agreement and contract data in that contract. Both you and the employer will pay the adjudicator in equal shares, unless you both agree otherwise, see clause 3.2 of the Adjudicator’s Contract.
The processes and the timescales that the adjudicator and parties are to follow after that are set out in clauses W1.3(5) to (11) of option W1.