Introduction

UK Adjudicators launched its Capped Fee Scheme  (UKA-CFS) on the 5 April 2021.

UK Adjudicators' Capped Fee Scheme is aimed at giving certainty as to the costs of the Adjudicator to resolve a construction dispute.

The UK Adjudicators' Capped Fee Scheme only limits the fees which the Adjudicator can charge and therefore it is not necessary to get the opposing party to agree to the use of the UK Adjudicators Capped Fee Scheme.

UK Adjudicators' Capped Fee Scheme – Fee Cap Levels

The values of the amount being claimed and the Adjudicator’s total fee caps are set out below.

 Claim Value & Fee Cap (exclusive of VAT)

  Up to £10,000 capped at £1,750

  £10,001 to £25,000 capped at £2,188

  £25,001 to £50,000 capped at £3,063

  £50,001 to £75,000 capped at £3,938

  £75,001 to £100,000 capped at £4,375

  £100,000 to £150,000 capped at £6,500

  £150,000 to £200,000 capped at £8,000

  £200,000 to £250,000 capped at £10,000

  Claims that exceed £250,000 will not have a total cap; but the daily fees that can be charged are limited to £2,250.00 plus VAT

  Declarations only capped at £5,000

  There is no nomination fee

 In addition, there is a daily fee cap of £2,250.00 plus VAT as well as the total fee cap.

The Claim Value excludes VAT and interest.

The Adjudicator’s fee cap excludes VAT but is otherwise all inclusive and therefore includes any expenses.

The UK Adjudicators' Capped Fee Scheme can be used for claims for specific sum of money or a declaration only.

The UK Adjudicators’ Capped Fee Scheme can be used as normal for claims under construction contracts within the meaning of the Housing Grants, Construction and Regeneration Act 1996 (as amended) or to claims under other types of construction contracts which have adjudication provisions which incorporate the Scheme for Construction Contracts made under the Construction Act or have adjudication provisions substantially the same as the Scheme. The referring party or its representative simply applies to UK Adjudicators for the nomination of an adjudicator using the specified form.

In the event that an adjudicator is appointed under the UK Adjudicators' Capped Fee Scheme and the adjudication proceeds but it becomes clear that the Referring Party has undervalued the claim (whether deliberately or otherwise), then the adjudicator will continue with the adjudication and charge up to the relevant fees cap.

Application for Nomination Form and Fee

Claimants wishing to commence an adjudication under the UK Adjudicators' Capped Fee Scheme are required to  use the application form which can be downloaded from the UK Adjudicators website (www.ukadjudicators.co.uk). There is no nomination fee.

Adjudicators will be nominated by UK Adjudicators.

UK Adjudicators reserves the right to withdraw the UK Adjudicators' Capped Fee Scheme or to modify it at any time.