The qualities of an Adjudicator on the ICE-SA Panel of NEC Adjudicators can be expected to have as a minimum:
- Knowledge of the procedures in the NEC3
- A full understanding of the roles within the NEC3 form of Contract.
- A full understanding of how construction costs arise and how they are affected by changes to programme.
- Knowledge of construction planning and how programmes are affected by change.
- The ability to obtain technical and/or legal assistance when his own technical knowledge does not cover the matter in dispute;
- The ability to obtain up-to-date information about construction costs when he does not have access to relevant cost data;
- An appreciation of construction risks and how allowances for them should be set.
- A sound knowledge of the law as it affects engineering and construction contracts.
CRITERIA FOR ADMISSION OF ADJUDICATORS TO THE ICE-SA PANEL OF NEC ADJUDICATORS
Candidates applying to be accredited and admitted to the ICE-SA Panel of NEC Adjudicators are required to
1) be professionally registered of at least 10 years standing with a local or international built environment council,
be professionally registered of at least 10 years standing in the practice of law, with commercial experience in engineering and construction field
2) have suitable work experience
a) as a built environment professional on construction projects at a senior level
as an Attorney or Advocate practicing in the field of construction law
b) in the development of contract documentation, contract administration or disputes involving one or more contracts in the NEC family of contracts
3) demonstrate the following three outcomes defined below to peers through a written submission, an interview, a written examination, the submission of a portfolio of work, attendance of courses or a combination thereof as may be required by ICE-SA.
Outcome 1: Communicate the manner in which any one of the NEC3 family of contracts operate.
Communicate the manner in which any one of the NEC3 family of contracts operate in respect of:
- Risk management, project management and programming procedures
- Compensation event procedures.
- Payment procedures of the main Options.
- The dispute referral and adjudication process.
Extensive experience in the following is essential:
1. Demonstrated ability to draft Contract Data; Goods Information; Services Information; Works Information; Scope and Pricing Data,
2. Demonstrated experience in the administration of a NEC contract as a Project Manager; Service Manager; Employer’s Agent or Supply Manager
Demonstrated ability to prepare information to be considered by an Adjudicator or acting as an Adjudicator.
Outcome 2: Communicate with experts in other professions regarding a dispute.
Communicate with experts in other professions regarding a dispute.
1) Demonstrate the ability to communicate factual and technical information and questions on matters of law regarding the contract to experts.
2) Demonstrate the ability to receive and interpret communications from experts.
3) Acknowledges and recognises limitations of own skill base in order to know when advice is required from others.
4) Demonstrate a full understanding of the differences between Adjudication and other dispute resolution processes such as Mediation or Arbitration.
Outcome 3: Ability to adjudicate a dispute under a NEC contract.
Ability to adjudicate a dispute under a NEC contract.
1) Demonstrate appropriate processes and procedures required in terms of the NEC contract in order to:
- Ascertain the contractual position of the Parties to a dispute.
- Identify correct procedures in accordance with the provisions of an NEC Contract.
- Communicate the inquisitorial process associated with an adjudication.
- Calculate the amount of money and / or time that either Party may be due in accordance with the NEC compensation procedures.
2) Define the rules of natural justice, common law principles, contract law, legal precedent and statutory legislation as they are applied to a dispute.
3) Demonstrate the ability to present fair and impartial judgement in written arguments and present decisions in a clear understandable form capable of in-depth scrutiny.
DEMONSTRATING COMPLIANCE WITH CRITERIA:
Acceptable means of demonstrating compliance with the Admission Criteria include (but are not limited to):
- Attendance and passing of courses associated with aspects of NEC Adjudication is a recommendation;
- Attendance of NEC3 training events, workshops and User Group events;
- Experience, knowledge and understanding of the construction industry at the date of application to be placed on the ICE-SA Panel of NEC Adjudicators;
- Prior involvement in commercial disputes adjudicated by others under the NEC family of contracts;
- Experience of having performed alternate dispute resolution under a form of contract other than NEC, or
- Prior interaction with technical, commercial, legal and other experts in the construction industry.
**ASSESSMENT CRITERIA HAVE BEEN AMENDED AS ABOVE ON 5 AUGUST 2014, AND ARE APPLICABLE FOR ALL NEW APPLICATIONS RECEIVED AFTER 15 OCTOBER 2014.