The Adjudicator Clause Samples

The Adjudicator. 9.1.1 Should the Adjudicator resign or die, or should the Procuring Entity and the Service Provider agree that the Adjudicator is not functioning in accordance with the provisions of the Contract; a new Adjudicator will be jointly appointed by the Procuring Entity and the Service Provider. In case of disagreement between the Procuring Entity and the Service Provider, within 30days, the Adjudicator shall be designated by the Appointing Authority designated in the SCC at the request of either party, within 14 days of receipt of such request.

The Adjudicator is the person appointed jointly by the Employer and the Contractor to resolve disputes in the first instance. The Arbitrator is the person appointed to resolve contractual disputes, and as provided for in GCC 27 and 28 hereunder. Bill of Quantities -means the priced and completed Bill of Quantities forming part of the Bid. Compensation Events are those defined in Clause 47 hereunder. The Completion Date is the date of completion of the Works as certified by the Project Manager, in accordance with sub-Clause 58. 1. The Contract is the Contract between the Employer and the Contractor to execute, complete, and maintain the Works. It consists of the documents listed in Clause 2.3 below. The Contractor is a person or corporate body who‟s Bid to carry out the Works has been accepted by the Employer. The Contractor's Bid is the completed Bid document submitted by the Contractor to the Employer. The Contract Price is the price stated in the Letter of Acceptance and thereafter as adjusted in accordance with the provisions of the Contract. Days are calendar days; months are calendar months. Day works are varied work inputs subject to payment on a time basis for the Contractor's employees and Equipment, in addition to payments for associated

The Adjudicator. 91.1 The Adjudicator settles the dispute impartially as independent adjudicator and not as arbitrator. His decision is enforceable as a matter of contractual obligation between the Parties and not as an arbitral award. He is paid equally by the Parties. 91.2 Any communication between a Party and the Adjudicator is communicated also to the other Party. If the Adjudicator’s decision includes assessment of a cost effect or delay, he makes his assessment in the same way as a compensation event is assessed. 91.3 The Parties indemnify the Adjudicator for his actions and his failures to act in connection with this contract except any actions or failures to act which are in bad faith. 92 Reference to the courts 92.1 A Party may refer a dispute to the courts if  he is dissatisfied by the Adjudicator’s decision or  the Adjudicator did not notify his decision within the time allowed except that neither Party may refer such a dispute to the courts more than four weeks after the end of the time allowed for the Adjudicator’s decision.

The Adjudicator. For the purposes of paragraph S8-3 (Adjudication) of Schedule 8 of the Conditions of Contract, the Adjudicator is:- Name: ‘Not Nominated’ Address: .........................................................................................................................

The Adjudicator. 9.1.1 Should the Adjudicator resign or die, or should the Procuring Entity and the Service Provider agree that the Adjudicator is not functioning in accordance with the provisions of the Contract; a new Adjudicator will be jointly appointed by the Procuring Entity and the Service Provider. In case of disagreement between the Procuring Entity and the Service Provider, within 30days, the Adjudicator shall be designated by the Appointing Authority designated in the SCC at the request of either party, within 14 days of receipt of such request. The Adjudicator shall be paid by the hour at the rate specified in the TDS and SCC, together with reimbursable expenses of the type’s specified in the SCC, and the cost shall be divided equally between the Procuring Entity and the Service Provider, whatever decision is reached by the Adjudicator. Either party may refer a decision of the Adjudicator to an Arbitrator within28 days of the Adjudicator's written decision. If neither party refers the dispute to arbitration within the above 28 days, the Adjudicator's decision will be final and binding.

The Adjudicator i. ▇▇▇▇▇ decide the issue of the proper classification for the position based on the existing classification system; ii. Shall not alter any position description and/or classification standard determined by the Employer; iii. Shall not entertain a classification appeal in respect to a position that has already been adjudicated within the previous twelve (12) months, except where the employee can demonstrate in writing that there has been a substantial change in the duties, responsibilities and/or requirements of their position since the time of the prior adjudication; iv. Shall not entertain an appeal based solely on the grounds of the inadequacy of the pay rate negotiated for the classification assigned to the employee’s position.

The Adjudicator. 18.1. In any event of dispute between the Lessor and the Lessee (and/or anyone acting on their behalf) regarding matters pertaining to the design, construction and delivery of the Additional Leased Premises, the dispute shall be referred to the decision of the Adjudicator within 7 days of the date of receiving a request from any of the parties. It is clarified that matters brought for the Adjudicator's decision shall relate solely to technical and/or engineering and/or operational matters. 18.2. The Adjudicator shall not be subject to the law of evidence or to court procedures, but shall be obligated to give reasons for his decisions. 18.3. Referral of disputes and differences of opinion to the Adjudicator as aforesaid shall not constitute justification of a delay in performing this Agreement by the parties, and in any event the Lessor and/or the Lessee shall be obligated to continue and uphold all their obligations in accordance with this Agreement. The Adjudicator shall be entitled to issue urgent interim instructions if necessary. 18.4. The Adjudicator shall be required to give his decision within 14 (fourteen) days of the date of receiving a query from any of the parties for the purpose of receiving his position regarding a dispute between the parties, and after the Adjudicator afforded each of the parties an opportunity to present its position to him. The parties undertake to cooperate with the Adjudicator to the extent required so that the Adjudicator will be able to meet the schedule required for the purpose of giving his decisions. 18.5. The Adjudicator's decision shall be final and shall bind the parties. 18.6. The parties shall incur the fees paid to the Adjudicator in equal parts, unless instructed otherwise by the Adjudicator.

The Adjudicator