Adjudication Statistics
Introduction
Update from the Royal Institute of British Architects regarding adjudications which have taken place using the Royal Institute of British Architects Adjudicator Panel.
The following statistics may be of interest to readers, although the number of adjudications used to compile the statistics is not known:-
Contract Types 83% of adjudications were carried out under the JCT Contract with a further 10% on Government Contracts.
As to the value of the contracts adjudicated, 33% of these were above £1million and 51% between £100,000.00 and £1million.
The amount in dispute varied between 32% at £100,000.00 and above, 33% between £50,000.00 and £100,000.00 and 26% between £10,000.00 and £50,000.00. Perhaps surprisingly 9% were below £10,000.00 in dispute.
The nature of the disputes was as follows : Payment 41%, Valuation 33%, Time 11%, and Professional fees (presumably architects) 3%. In 49% of adjudications there was a challenge to the contract administrator and in 53% of those cases the challenge was upheld, demonstrating that in just over half of the cases where the referring party felt they had a legitimate complaint against the contract administrator, their complaint was upheld.
As to the procedure of the adjudications, 80% took place with written submissions only, 8% with written submissions, meetings and site visits and 7% with written submissions and meetings but no site visits.
A decision was made by the Adjudicator in 75% of adjudications but 16% settled prior to the Decision and another 9% where no Decision was made but no settlement.
The Adjudicator's costs ranged between £10,000.00 plus (3%), but with the highest proportion (33%) being between £3,000.00 and £4,999.00 and 31% being between £1,000.00 and £2,999.00 suggesting that Adjudicators' fees are not always as high as reported.
The outcome of the Decisions was 63% in favour of the applicant and 24% in favour of the respondent with a shared result in 13% of cases.
Ashfords is regulated by the Solicitors Regulation Authority. The information in this article is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.
23rd January 2008 |
