Nomination forms
Please find below the online forms to be completed for either a standard Adjudication nomination or a Low Value Dispute (LVD) adjudication nomination. Please complete the appropriate application form in its entirety.
Please complete and submit the online nomination application form below and make payment to TECSA immediately after you have served your Notice of Adjudication.
Unless your application is for the nomination of an adjudicator under the Low Value Dispute scheme (LVD) (i.e. for a straightforward monetary sum up to £100,000), please complete the standard adjudication nomination form.
The nomination fee for a standard nomination is £450 and for an LVD nomination is £250. Payment can be made on line by credit or debit card or as a BACS payment. Alternatively there is a payment by cheque option on the form below.
We are required to appoint an adjudicator within 5 days of the date of the Notice of Adjudication. Under the Construction Act, a Referral Notice must generally be served on the Adjudicator and the other party within 7 days of the service of the Notice of Adjudication, otherwise the Adjudication may be invalid. As you cannot serve the Referral Notice until an Adjudicator has been appointed, and as the 5 day appointment time period includes weekends, time is tight.
At TECSA, all appointments are made by the chairman or a duly authorised committee member. All are senior solicitors. They require time to consider who should be appointed, to check no conflicts of interest exist in making an appointment, and potential adjudicators also have to check for conflicts of interest. Whilst this process is dealt with as quickly and efficiently as possible, it is in the Referring Party’s interest to apply to TECSA without delay, after service of the Notice of Adjudication.
TECSA standard online adjudication nomination application form (Please click to enter)
Quick instructions to fill out this form:
- Please read through any form submission notes below
- Fill out the online form and attach any relevant supporting documentation files (you must attach the Notice of Adjudication)
- Submit to TECSA
- Upon payment, you will receive confirmation of submission and payment receipt
You should submit your nomination application form to TECSA immediately after you have served your Notice of Adjudication.
Form Notes
- TECSA will make a nomination upon the application of any person using this form. TECSA is under no obligation to provide a copy of this application form or any other document to the responding party. Nevertheless, TECSA reserves the right to provide a copy of the application form or any other document or communication received from one party to the other party in its absolute discretion.
- TECSA retains absolute discretion to nominate the adjudicator and has no duty to take into account any preferences expressed by either party.
- TECSA has no obligation to disclose its reasoning or any deliberations made when nominating an adjudicator.
- The validity of the application will not be investigated. If the validity of the application is challenged then the person appointed and the parties involved must resolve the challenge.
- In making this application the referring party undertakes to meet the reasonable charges of the person nominated by TECSA pursuant to this application should the adjudication not proceed.
- Neither TECSA, nor its Chairman, nor its deputies or members, nor its servants, nor any employee or agent of any of them shall be liable to any party for anything done or not done in the discharge or purported discharge of their functions, nor shall they be liable to any party for an act omission or misconduct in connection with any nomination or appointment made or any adjudication conducted in consequence of this application whether in negligence or otherwise, unless the act or omission is in bad faith.
TECSA Low Value Dispute (LVD) online adjudication nomination application form (Please click to enter)
Quick instructions to fill out this form:
- Please read through any form submission notes below
- Fill out the online form and attach any relevant supporting documentation files (you must attach the Notice of Adjudication)
- Submit to TECSA
- Upon payment, you will receive confirmation of submission and payment receipt
The LVD Adjudication Service is aimed at giving parties who wish to refer disputes to adjudication certainty as to the costs of the Adjudicator for claims for fixed amounts of up to £100,000 (excluding VAT and interest).
The LVD Service only limits the fees which the Adjudicator can charge and therefore it is not necessary to get the opposing party to agree to the use of the LVD Service: the referring party can simply apply to TECSA for the nomination of an adjudicator using the specified form (see below) provided that no other adjudicator nominating body (ANB) is specified in the relevant contract.
LVD Service Criteria
The values of the amount being claimed and the Adjudicator’s fee caps are set out below:
Claim Value | Fee Cap |
Up to £10,000 | £2,000 |
£10,001 to £25,000 | £2,500 |
£25,001 to £50,000 | £3,500 |
£50,001 to £75,000 | £4,500 |
£75,001 to £100,000 | £5,000 |
- Note that the claim value excludes VAT and interest. Therefore, for example, a claim for £100,000 plus VAT and interest would qualify
- The Adjudicator’s fee cap excludes VAT but is otherwise all inclusive and therefore includes any expenses
- The LVD Service only applies to claims for a specified amount i.e. a liquidated sum, as between two parties and does not apply to claims where the amount sought has not been quantified e.g. damages or loss and expense to be assessed
- There is no restriction on the type of financial claims which can be made (e.g. the claim could be for retention, sums certified under a contract, damages and loss and expense)
- The LVD Service is also only for claims where the relief claimed is for payment of a specific sum of money and therefore for example does not apply to claims for declarations as to the meaning of contract terms, albeit it may be necessary under the LVD Service when determining a financial claim for the adjudicator to form a view and make a decision on what the contract means
- The LVD Service only applies to claims under construction contracts within the meaning of the Housing Grants, Construction and Regeneration Act 1996 (as amended) – the “Construction Act”- or to claims under other types of construction contracts which have adjudication provisions which incorporate the Scheme for Construction Contracts made under the Construction Act (the ‘Scheme’) or have adjudication provisions substantially the same as the Scheme
- The Chairman of TECSA reserves the right to decide that a particular matter referred is not suitable for the LVD Service, in the Chairman’s absolute discretion
- In the event that an adjudicator is appointed under the LVD Service and the adjudication proceeds but it becomes clear that the referring party has undervalued the claim (whether deliberately or otherwise), then the adjudicator may either: (a) resign and claim his fees up to the date of resignation; or (b) if the under valuation means that the claim falls into a higher band in the table above, continue with the adjudication and charge up to the relevant fees cap; or (c) if the claim then exceeds £100,000 (excluding VAT and interest) continue with the adjudication with the agreement of both parties and charge his normal fees i.e. the fees will not be subject to an overall cap, but subject always to the general TECSA daily cap for adjudicators of £2,500 plus VAT
- Without prejudice to any other rights the Adjudicator may have to resign under the relevant adjudication rules applicable to the contract, the Adjudicator may also resign and claim his fees up to the date of resignation if:
- the claim is not for a specific sum of money only; or
- the claim is made as between more than 2 parties.
- The standards set out in the current TECSA Adjudication Service (March 2018 version, and which is available on the TECSA web site) will apply to adjudications under the LVD Service
Application for Nomination Form and Fee
- Claimants wishing to commence an adjudication under the LVD Service are required to use the specific LVD Service application form online
- Adjudicators will be nominated by the Chairman of TECSA or a duly authorised committee member in accordance with the TECSA Adjudication Service from a panel of the existing TECSA Adjudicators who have indicated that they are willing to be appointed under the LVD Service
- TECSA reserves the right to withdraw the LVD Service or to modify it at any time without prior notice
If you are unable to complete the online Adjudicator applications forms above please use one of the documents below and send by email to: chair@tecsa.org.uk together with with necessary documentation and payment detailed therein.
TECSA Standard nomination to Adjudicator
TECSA Standard Nomination to Adjudicator Application 2023
TECSA’s Low Value Disputes (LVD) Adjudication Service
TECSA LVD Nomination to Adjudicator Application 2023
The TECSA Adjudication Service
Our high quality Adjudication Service is used extensively.
CIVIL LITIGATION
TECSA is represented on the TCC Users’ Committee and has excellent relationships with the TCC judges.
ARBITRATION
TECSA members are experienced in arbitration as standard form construction contracts often contain an arbitration clause for the resolution of disputes arising under the contract.
ALTERNATIVE DISPUTE RESOLUTION (ADR)
TECSA is a strong supporter of the use of alternative dispute resolution (ADR) techniques including mediation for the resolution of disputes.