Admission criteria

Candidates applying to be accredited and admitted to the JCD Panel of NEC Adjudicators are required to:

1)              be professionally registered with a local or international built environment council;

2)       have suitable work experience:

 a)      as a built environment professional on construction projects at a senior level; and

 b)      in the development of contract documentation, contract administration or disputes involving one or more contracts in the NEC family of contracts; and

3)       demonstrate the following three outcomes to peers through an interview, a written examination, the submission of a portfolio of work, attendance of courses or a combination thereof, as required by the JCD:

Outcome 1: Communicate the manner in which any one of the NEC3 family of contracts operate.

1         The risk management and project management procedures are described

2         The compensation event procedure is communicated

3         The payment procedures of the main options are communicated

4         The adjudication process is communicated

Guideline:  Extensive experience in drafting contract data, works information and pricing data or the administration of a contract as a project manager is essential.

Outcome 2:          Communicate with experts in other professions regarding a dispute

Assessment criteria.

1      Factual and technical information regarding the contract is communicated to members of other professions, including the legal profession.

2      Communications from members of other professions, including the legal profession, are interpreted.

3      Limitations of own skill base recognised in order to know when advice from others is required.

Guideline:             Registration as a professional engineer or architect, or equivalent in another construction profession of at least 10 years standing and contacts with recognised experts, particularly on legal issues, is a recommendation.

Outcome 3:  Adjudicate a dispute in a contract

Assessment criteria:

1      The contractual position of the Parties to a dispute is ascertained.

2      Correct procedures in accordance with the provisions of an NEC Contract are identified.

3      The inquisitorial process associated with an adjudication is communicated.

4      The rules of natural justice, not as an arbitrator or legal assessor, with due regard to contract law, common law principles, legal precedent and statutory legislation, are applied to a dispute.

5      The amount of money and  / or time that either Party may be due calculated in accordance with the NEC compensation procedures.

6      Fair and independent judgment is presented in written arguments and decisions in a clear understandable form capable of in depth scrutiny.

Guidelines:

·       Attendance and passing of courses associated with aspects of NEC Adjudication is a recommendation.

·       Attendance of NEC3 training events, workshop and user group events.

·       Age and maturity of candidate- most likely over the age of 45 but normally under 70 at the date of application to be placed on the JCD Panel  of NEC Adjudicators.

·       The qualities of an Adjudicator for an ECC contract should as a minimum, include:

1.       knowledge of the procedures in the ECC,

2.       a full understanding of the roles of the Project Manager and the Supervisor,

3.       a full understanding of how construction costs arise and how they are affected by changes to plan,

4.       knowledge of construction planning and of how plans are affected by changes

5.       the ability to obtain technical assistance when his own technical knowledge does not cover the matter in dispute,

6.       the ability to obtain up-to-date information about construction costs when he does not have access to relevant cost data,

7.       an appreciation of construction risks and how allowances for them should be set.”

In addition to these qualities, a sound knowledge of the law as it affects engineering and construction contracts is essential.