CIC Model Adjudication Procedure

The Construction Industry Council (CIC) has published a third edition of the Model Adjudication Procedure (MAP). The MAP is drafted to comply with section 108 of the Housing Grants, Construction and Regeneration Act 1996 and can be incorporated by reference into a contract, or used by agreement of the parties. It is accompanied by an Agreement for the appointment of an adjudicator. The CIC encourages the reproduction of the MAP and strongly encourages its use unamended. If it is amended, it may not comply with section 108.

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The differences between the four editions are set out below. The first edition was published in February 1998.

Second edition: published November 1998
Differences from the first edition:

1. paragraph 11: the addition of the last sentence, ‘No such request may be made after the adjudicator has notified the Parties that he has reached his decision.’
2. paragraph 14: ‘within 7 days of the Notice’ amended to ‘within 7 days of the giving of the Notice’; ‘and copy to the other Party’ amended to ‘and at the same time copy to the other Party’; the addition of the last sentence, ‘The statement of case shall be confined to the issues raised in the Notice’.
3. paragraph 24: the last sentence amended from ‘He shall not be required to give reasons’ to ‘He shall be required to give reasons unless both Parties agree at any time that he shall not be required to give reasons.’

Third edition: published October 2003
Differences from the second edition:

1. paragraph 6: the addition of the following at the end of the sentence, ‘unless expressly stated otherwise in the Contract.’
2. paragraph 24: the middle sentence, ‘The Adjudicator may withhold delivery of his decision until his fees and expenses have been paid’ deleted.
3. new paragraph 28: the following (Correction of errors) inserted, and subsequent paragraphs renumbered: ‘The Adjudicator may, within 5 days of delivery of the decision to the parties, correct his decision so as to remove any error arising from an accidental error or omission or to clarify or remove any ambiguity.’
4. the Agreement between the parties and the Adjudicator has been substantially amended in form (rather than substance), although one substantive change has been made in the addition of the following (paragraph 4): ‘The Adjudicator may destroy all documents received during the course of the adjudication six months after delivering his decision, provided that he shall give the parties 14 days notice of his intention to do so and that he shall return the documents to the Parties if they so request.’

Fourth Edition: Published March 2007
Differences from the third edition:

Paragraph 11 (Adjudicator unable to act): The last sentence has been deleted.

The paragraph now reads, "If, for any reason, the Adjudicator is unwilling to act, or fails to reach his decision within the time required by this procedure, either Party may request the body stated in the Contract if any, or if none the Construction Industry Council, to nominate a replacement adjudicator."

The deleted sentence read, "No such request may be made after the Adjudicator has notified the Parties that he has reached his decision."

Paragraph 24 (The decision): At the end of the first sentence the following has been added: "and issue the decision as soon as possible after that".  

The first sentence now reads:  "The Adjudicator shall reach his decision within the time limits in paragraph 16 and issue the decision as soon as possible after that."

Paragraph 25 (Late decision):  The first sentence has been deleted and the second sentence amended.

The paragraph now reads: "If the Adjudicator fails to reach or issue a decision in accordance with paragraph 24, he shall not be entitled to any fees or expenses (save for the cost of any legal or technical advice subject to the Parties having received such advice)." 

The deleted sentence read: "If the Adjudicator fails to reach his decision within the time permitted by this procedure, his decision shall nonetheless be effective if reached before the referral of the dispute to any replacement adjudicator under paragraph 11 but not otherwise."

March 2007.

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