The Construction Industry Council (CIC) is the representative forum for the professional bodies, research organisations and specialist business associations in the construction industry.

CIC Low Value Disputes Adjudication

To download the CIC LVD MAP please click here.

 

Adjudication of Low Value Disputes

Adjudication is a way of resolving disputes in construction contracts. The Construction Act* provides parties to construction contracts with a right to refer disputes arising under the contract to adjudication. It sets out certain minimum procedural requirements which enable either party to a dispute to refer the matter to an independent party (the adjudicator) who is then required to make a decision within 28 days of the matter being referred.

Whereas the object of adjudication is to reach a fair, rapid and inexpensive decision upon a dispute arising under the Contract, there is evidence that Parties are deterred from using adjudication because of the costs involved.

To address this problem, the CIC has published the CIC Low Value Disputes Model Adjudication Procedure (CIC LVD MAP). The CIC LVD MAP sets out a streamlined adjudication procedure for Low Value Disputes, and, by linking the Adjudicator’s fee to the amount claimed, provides certainty as to how much the Adjudicator will be paid for making an Adjudicator’s Decision. By including an outline timetable for the procedural stages it provides a flexible yet simple to understand approach to the key elements of the adjudication process.

The CIC LVD MAP can be adopted if the Parties have incorporated it into the Contract by reference, the reference shall be deemed to be to the edition current at the date of the Notice of Adjudication, unless expressly stated otherwise in the Contract. Alternatively, the Parties may agree to use the procedure on an ad-hoc basis when a dispute arises.

* The Construction Act refers to the Housing Grants, Construction and Regeneration Act 1996, as amended by Local Democracy, Economic Development and Construction Act 2009.

 

Appointment of an Adjudicator from the CIC LVD MAP Register of Adjudicators

To request the nomination of an adjudicator from the CIC LVD Register, please complete and return the application form, together with a copy of the Notice of Adjudication.

The administration fee for the nomination of an adjudicator is £300 (inclusive of VAT).

The CIC will nominate an adjudicator to act on your behalf within 5 days of receipt of the request. Adjudicators will only be appointed if they:

  •        have no conflict of interest;
  •        have no current relationship toward either Party nor connection with the subject matter of the dispute;
  •        will comply with the CIC LVD MAP and on the basis of the fees and other costs as set out in Schedule 1 of the procedure.

For further information on adjudication please refer to the CIC Users’ Guide to Adjudication.

 

Application to become a member of the CIC LVD MAP Register of Adjudicators

CIC accepts applications from adjudicators who:

  •        are a member of CIC Member organisations;
  •        have a minimum of 10 years’ post professional qualification experience in their primary construction profession;
  •        are a Fellow of the Chartered Institute of Arbitrators;
  •        have obtained one of the following qualifications:
    •    Chartered Institute of Arbitrators (CIArb) – Construction Adjudication Pathway to Fellowship, Module 1, Module 2, and Module 3
    •    King’s College, University of London Centre of Construction Law – MSc Construction Law and Dispute Resolution, including the Award Writing Examination
    •    Leeds Beckett University School of the Built Environment – MSc Construction Law and Dispute Resolution, including the Award Writing Examination
    •    Royal Institution of Chartered Surveyors (RICS) – Diploma in Adjudication, including the Award Writing Examination
    •    University College of Estate Management (UCEM) – Postgraduate Diploma in Adjudication, including the Award Writing Examination
  •        have undertaken a minimum of 24 hours of CPD per annum.

Please contact cwong@cic.org.uk for information.