Adjudicator’s contract

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Form of Agreement

This agreement is made on the day of 20 between

/ Enter day, month and year
Name:
Address: / Enter registered name and address of the procuring Party
Name:

Address:

/ Enter registered name and address of the supplying Party
(the Parties) and
Name:
Address: / Enter name and address of the Member
(the Member)
Whereas the Employer and the Contractor have entered into the Contract and desire jointly to appoint the Member to act as sole adjudicator who is called the “DAB” to adjudicate disputes in relation to contract .
The Employer, Contractor and Member jointly agree as follows: / Enter name and title of contract.
1. The conditions of this Dispute Adjudication Agreement comprises the “General Conditions of Dispute Adjudication Agreement”, which is appended to the General Conditions of the “Conditions of Contract for Construction” First Edition 1999 published by the Fédération Internationale des Ingénieurs-Conseils (FIDIC), and the following provisions. In these provisions, which include amendments and additions to the General Conditions of Dispute Adjudication Agreement, words and expressions shall have the same meanings as are assigned to them in the General Conditions of Dispute Adjudication Agreement. / Delete row unless the FIDIC Red Book is used
1. The conditions of this Dispute Adjudication Agreement comprises the “General Conditions of Dispute Adjudication Agreement”, which is appended to the General Conditions of the “Conditions of Contract for Plant and Design-Build” First Edition 1999 published by the Fédération Internationale des Ingénieurs-Conseils (FIDIC), and the following provisions. In these provisions, which include amendments and additions to the General Conditions of Dispute Adjudication Agreement, words and expressions shall have the same meanings as are assigned to them in the General Conditions of Dispute Adjudication Agreement. / Delete row unless the FIDIC Yellow Book is used
1. The conditions of this Dispute Adjudication Agreement comprises the “General Conditions of Dispute Adjudication Agreement”, which is appended to the General Conditions of the “Conditions of Contract for EPC/Turnkey Projects” First Edition 1999 published by the Fédération Internationale des Ingénieurs-Conseils (FIDIC), and the following provisions. In these provisions, which include amendments and additions to the General Conditions of Dispute Adjudication Agreement, words and expressions shall have the same meanings as are assigned to them in the General Conditions of Dispute Adjudication Agreement. / Delete row unless the FIDIC Silver Book is used
2 The amendments to the General Conditions of Dispute Adjudication Agreement are: / Insert “none” or state the amendments. The recommended amendments are set out in CIDB Best Practice Construction Procurement Guideline C3.:
3 In accordance with Clause 6 of the General Conditions of Dispute Adjudication Agreement, the Member shall be paid as follows:
A retainer fee of per calendar month
plus a daily fee of per day. / Delete row if FIDIC Yellow Book or Silver Book Applies and insert monetary values. (Amend if necessary, depending upon the amendments that are made to the General Conditions of Dispute Adjudication Agreement.
3 In accordance with Clause 6 of the General Conditions of Dispute Adjudication Agreement, the Member shall be paid a daily fee of per day. / Delete row if Red Book applies and insert monetary values. (Amend if necessary, depending upon the amendments that are made to the General Conditions of Dispute Adjudication Agreement.
4 In consideration of these fees and other payments to be made by the Employer and the Contractor in accordance with Clause 6 of the General Conditions of Dispute Adjudication Agreement, the Member undertakes to act as the DAB (as adjudicator) in accordance with this Agreement.
5 The Employer and the Contractor jointly and severally undertake to pay the Member, in consideration of the carrying out of these services, in accordance with Clause 6 of the General Conditions of Dispute Adjudication Agreement.
6 This Agreement shall be governed by the law of the Republic of South Africa.
for the procuring Party / for the supplying Party
Signature(s)
Name(s) (printed)
Position in organisation
On behalf of (name of organisation)
Signature of Witness(s)
Name(s) (printed)
Date:
and signed by the Member:
Signature / Name (print)
Date:

Adjudicator’s Contract1 of 3

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