The TeCSA Adjudication Service

CLICK HERE for a print version of the TeCSA Adjudication Service.

CLICK HERE for a flyer identifying the key attributes of the Rules.

A brief overview of TeCSA & its Adjudication Service:

  • TeCSA played an important lobbying role during the passage of both the Construction Act and the subsidiary Scheme for Construction Contracts through Parliament and in like fashion the LDEDCA. It was the first organisation to publish a set of rules complying with the Construction Act and, in certain material respects, the Scheme for Construction Contracts borrowed some of its features. The TeCSA Adjudication Rules(currently version 3.2.1) can be easily used in place of the adjudication rules in the Government Scheme for Construction Contracts.
  • TeCSA maintains a multidisciplinary panel of adjudicators, many of whom are TeCSA trained, from which the Chairman makes appointments.
  • TeCSA’s Adjudication Rules have proved a popular choice over the years for two reasons. Firstly, the rules are radical about trying to ensure that the dispute is actually resolved notwithstanding the short time limits laid down by the Housing Grants, Construction and Regeneration Act 1996 as amended. Secondly, its rules do more than most to ensure the enforceability of adjudication decisions in practice. This principle lies at the heart of these rules and a quick skim of the Hansard debates will confirm that that is precisely how Parliament intended the legislation to work.
  • The Rules make clear the underlying purpose of the Adjudication is to decide disputes between the Parties that are within the scope of the Adjudication as rapidly and economically as is reasonably possible.
  • In terms of making adjudication decisions as watertight as possible for the purposes of enforcement, Rule 12 of the rules gives the adjudicator the power to decide his own substantive jurisdiction. Without such a provision, which is still fairly unusual, the adjudicator would not be empowered to make a binding decision in this regard. What normally happens in such circumstances is that the jurisdiction issue is simply held over until after the adjudicator has reached his decisions and the successful party seeks to enforce his substantive decision through summary court proceedings. A decision by the adjudicator upon his own jurisdiction cannot be re-opened by the losing party in the context of summary enforcement proceedings save in the most exceptional circumstances.