Effect of Determination. The Adjudicator’s final determination shall (unless given after the appointment of a new Adjudicator under sub-clause 20.2(b)) be final and binding upon the Parties except: (a) in the case of decisions by the Adjudicator where there is real or apparent bias or an event of fraud on the part of the Adjudicator or where a decision is made in bad faith or is so clearly erroneous on its face that it would be unconscionable for it to stand; or (b) where either Party gives a written notice to the other Party within 28 days following delivery of the final determination of the Adjudicator that it does not accept the determination as being final and binding in which case the determination shall be final and binding until determined by legal proceedings, by arbitration or by agreement in writing between the Parties.
Appears in 2 contracts
Sources: Contractor Agreement, Contractor Agreement