Any person registered with a local or international built environment council and who has suitable experience and expertise may apply to be admitted to the ICE-SA Panel of NEC Adjudicators.
ICE-SA has a policy of open admissions to the ICE-SA Panel of NEC Adjudicators. Applicants are able to submit their applications at any time.
Becoming an NEC Adjudicator on the ICE-SA Panel is a mark of professional excellence. The selection process is rigorous, ensuring that only those with the right expertise, judgement, and integrity are admitted.
Persons who are admitted to the panel will remain on the panel until 31 December each year. Each person listed will remain on the ICE-SA Panel of NEC Adjudicators, subject to submission of their Annual Return, which is due by 31 December each year.
Adjudicators who, in the opinion of the ICE-SA, compromise themselves through conflicts of interest or who perform adjudications in a sub-standard manner or not in accordance with the Adjudicators Contract will not be readmitted to the list.
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.
The route to joining the Panel is intentionally structured. Each stage is designed to assess a different aspect of an applicant’s capability
Stage 1: verifying eligibility and experience.
Stage 2: testing the applicant’s ability to produce a sound adjudication decision.
Stage 1: Application and Assessment
This first stage focuses on qualifications, experience, and demonstrated competence.
Candidates applying to be accredited and admitted to the ICE-SA Panel of NEC Adjudicators are required to:
1) be professionally registered for at least 10 years with a local or international built environment council,
or
be professionally registered for at least 10 years in the practice of law, with commercial experience in the engineering and construction field
and
2 a) have suitable work experience as a built environment professional on construction projects at a senior level
or
as an attorney or advocate practicing in the field of construction law
and
b) in the development of contract documentation, contract administration or disputes involving one or more contracts in the NEC family of contracts
Applicants must:
Complete the application for admission form, and attach their CV in the correct format
Provide comprehensive supporting evidence showing compliance with the entrance criteria.
Pay the R2 000.00 application fee.
Should the applicant be successful in Stage 1, they will be invited to participate in Stage 2 of the application process.
Should the applicant be rejected during Stage 1, the ICE-SA Adjudication Sub-Committee will notify them together with an indication of where their application fell short.
For applicants wishing to re-apply within 12 months of their first application date, the application fee will not apply for the second application.
Third and subsequent applications (including those within 12 months of the first application) will require a further application fee of R2 000.00.
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.
Once assessed:
Successful applicants will be invited to proceed to Stage 2.
Unsuccessful applicants will receive feedback from the ICE-SA Adjudication Sub-Committee highlighting the areas requiring improvement.
Re-application policy:
A second application submitted within 12 months of the first does not require an additional fee.
A third or subsequent application (including those within the 12-month period) does require a further R2 000.00 fee.
“Stage 1 ensures that only suitably qualified and experienced professionals progress to the decision-making assessment.”
Stage 2: The Decision Writing Exercise
Successful applicants will be invited to proceed to Stage 2.
Stage 2 is a practical evaluation of the applicant’s ability to deliver a clear, reasoned, and contractually sound adjudication decision—an essential skill for NEC adjudicators.
Applicants will:
Receive formal notification that they may proceed, along with alternative dates for completing the Decision Writing Exercise.
Make a booking for the exercise and pay an additional R2 000.00 fee required for this stage.
The decision writing exercise is invigilated by the ICE-SA Adjudication Sub-Committee. This process has proven essential to assess the applicant’s skills and knowledge and is now a requirement for admission.
Should the applicant be successful in their application (having successfully completed Stage 1 and Stage 2 of the process), they will be admitted to the ICE-SA Panel of NEC Adjudicators.
If the applicant does not meet the required standard, the sub-committee will provide constructive feedback, highlighting the areas requiring improvement. A repeat attempt may be made 12 months after the result, with payment of another R2 000.00 fee.
Successful Admission to the Panel
Candidates who pass both stages will be formally admitted to the ICE-SA Panel of NEC Adjudicators.
Annual Fee Structure:
Panel members must pay an annual fee to maintain their listing.
The fees paid during Stage 1 and Stage 2 cover the annual fee for the year of admission.
The first full annual fee becomes payable from 1 January of the year following admission.
“Membership of the ICE-SA Panel signals trust, professionalism, and adherence to the highest standards of adjudication practice.”
Outcome 1: 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.
Assessment Criteria:
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 an NEC contract as a Project Manager; Service Manager; Employer’s Agent or Supply Manager
3) 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.
Assessment Criteria:
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.
Assessment criteria:
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.
Applicants are required to complete the Application for Admission form and attach it to their application:
1) their CV in the correct format
2) proof of payment of an amount of R 2 000.00 into the ICE-SA’s bank account.
Please use the following reference: AdjudApp + your name
Please contact secretary@ice-sa.org.za if you need assistance.
ICE Country Representative (South Africa): Prof Marianne Vanderschuren
Email: communication@ice-sa.org.za
Address: SAICE House, Thornhill Office Park, Bekker Road, Vorna Valley, Midrand, 1685, South Africa
