Appointment of Project Adjudicator Clause Samples

The Appointment of Project Adjudicator clause establishes the process for selecting an independent third party to resolve disputes that may arise during the course of a project. Typically, this clause outlines the qualifications required for the adjudicator, the method of appointment (such as mutual agreement or nomination by a professional body), and the timeframe within which the appointment must be made. Its core practical function is to ensure that any disagreements are addressed promptly and impartially, thereby minimizing project delays and fostering a fair resolution process.
Appointment of Project Adjudicator. Within 60 days from signing of the DBFO Agreement, the Province and the Contractor will appoint and enter into a written agreement with a person acceptable to both as Project Adjudicator to whom interpretations of the Project Requirements in relation to design or construction may be referred for immediate interim resolution. In the event that the parties cannot agree upon an acceptable person as the Project Adjudicator within the time period provided, the Project Adjudicator shall be determined by arbitration pursuant to section 2.5 of Schedule 7 (Dispute Resolution Procedure). The person appointed must be independent of the Province and the Contractor and qualified and experienced with respect to the design and construction of projects in the Province of Alberta similar to the Project. The appointment of the Project Adjudicator will be deemed to be a joint appointment and will be irrevocable by each party without the consent of the other. The appointment of the Project Adjudicator will continue until the completion of the Project. If the Project Adjudicator resigns or dies before the completion of the Project, the parties shall immediately appoint a replacement. The fees and expenses of the Project Adjudicator shall be set by the terms of the agreement between the parties and the Project Adjudicator. The Province and the Contractor will share the total costs of the Project Adjudicator equally. Each party shall bear its own costs and expenses in preparing submissions for and attending meetings with the Project Adjudicator. In the event a disagreement requiring the Project Adjudicator to resolve arises prior to either the parties appointing a Project Adjudicator or the determination of the Project Adjudicator by arbitration, neither party’s position nor access to either the Project Adjudicator’s Procedure specified in Section 4 or to a remedy will be prejudiced. Upon the Project Adjudicator being appointed or named, as the case may be, the disagreement requiring the Project Adjudicator’s participation, if still unresolved, will proceed in accordance with Section 4.
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