Fixed Fee Adjudication Terms and Conditions - July 2024

Timescale

The fixed fee only applies to adjudications that follow the standard statutory 28-day timescale. Hamshaw reserves the right to charge additional fees if that timescale does not apply and/or is extended.

Fees

The fixed fee scheme only applies to adjudications where the total sum in dipsute is:

  1. between £0 and £99,000, in which case the fixed fee is £7,500+VAT

  2. between £100,000 and £249,000, in which case the fixed fee is £10,000+VAT

The fixed fee covers Hamshaw’s time-costs only. It does not include the sums payable to third parties, such as any expert witnesses and any adjudicator nominating body.

Payment Terms

The fixed fee must be paid in full in advance of any work commencing on a pre-agreed date. If the fee is not paid in advance, Hamshaw will either not start work, or will start work and charge hourly rate(s).

Lawyers

Work under the fixed fee scheme will be carried out by a lawyer with the experience and expertise deemed appropriate by Hamshaw. Hamshaw reserves the right to charge additional fees if (1) you ask for, or (2) Hamshaw subsequently determines a need for, a more experienced lawyer as the adjudication progresses.

Documents

The fixed fee is set on the expectation that the documents which Hamshaw will need to review for the adjudication will not take up more than two lever arch files (A4, double sided). If that expectation is exceeded, or if the documentation is unusually dense or complex, Hamshaw reserves the right to charge additional fees.

Scope

If you are the referring party, the fixed fee covers Hamshaw:

  • applying to a nominating body for the appointment of an adjudicator;

  • the drafting of the notice of adjudication;

  • the drafting of the referral notice;

  • assisting with the identification, and selection, of up to 3 appropriate experts;

  • commenting on the reports of up to 3 experts;

  • assisting with identifying, gathering, and presenting supporting documents; and

  • assisting with drafting one supporting witness statement.

Hamshaw reserves the right to charge additional fees if other work is required.

If you are the responding party, the fixed fee covers:

  • identification and preparation of any challenge to the adjudicator’s jurisdiction;

  • the drafting of the response and (where permitted) the rejoinder;

  • commenting on the reports of up to 3 experts;

  • assisting with identifying, gathering, and presenting supporting documents; and

  • assisting with drafting one supporting witness statement.

Hamshaw reserves the right to charge additional fees if other work is required.

Please note that the following are not included in the fixed fee scope of work:

  • drafting and/or editing of more than one witness statement;

  • work relating to any merits hearing;

  • responding to any questions from the adjudicator; and

  • work relating to any related enforcement or Part 8 court hearing.