Application for Admission to the ICE-SA Panel of NEC Adjudicators

Please complete the application form below as completely as possible. Remember that the information you provide here will be used to confim whether you comply with the requirements for admission to the ICE-SA Panel of NEC Adjudicators.  

Please check the criteria as you submit the information required on this page - they are available here: Admission Criteria

Before starting, you should have checked on:

  • compliance with Admission Criteria
  • preparation of CV using the word format which you can download here
  • or registration on the website as a user, and completion of the CV form accessible from the user profile page.

CRITERIA FOR ADMISSION OF ADJUDICATORS TO THE ICE-SA PANEL OF NEC ADJUDICATORS

Candidates applying to be accredited and admitted to the ICE-SA Panel of NEC Adjudicators are required to

1)         be professionally registered of at least 10 years standing with a local or international built environment council,

  or

           be professionally registered of at least 10 years standing in the practice of law,  with commercial experience in engineering and construction field

           or

           be able to demonstrate quivalent qualifications and provide suitable motivation for the acceptance of such equivalent qualifications

and

2)          have suitable work experience

             a)         as a built environment professional on construction projects at a senior level

                        or

            as an Attorney or Advocate  practicing in the field of construction law

 and

 b)         in the development of contract documentation, contract administration or disputes involving one or more contracts in the NEC family of contracts

and

3)         demonstrate the following three outcomes defined below to peers through a written submission, an interview, a written examination, the submission of a portfolio of work, attendance of courses or a combination thereof as may be required by ICE-SA.

The qualities of an Adjudicator on the ICE-SA Panel of NEC Adjudicators can be expected to have as a minimum:

  • Knowledge of the procedures in the NEC3

  • A full understanding of the roles within the NEC3 form of Contract.

  • A full understanding of how construction costs arise and how they are affected by changes to programme.

  • Knowledge of construction planning and how programmes are affected by change.

  • The ability to obtain technical and/or legal assistance when his own technical knowledge does not cover the matter in dispute;

  • The ability to obtain up-to-date information about construction costs when he does not have access to relevant cost data;

  • An appreciation of construction risks and how allowances for them should be set.

  • A sound knowledge of the law as it affects engineering and construction contracts.

Personal Details
DEMONSTRATION OF COMPLIANCE WITH CRITERIA

Candidates applying to be accredited and admitted to the ICE-SA Panel of NEC Adjudicators are required to:

1) be professionally registered of at least 10 years standing with a local or international built environment council,

or

be professionally registered of at least 10 years standing in the practice of law, with commercial experience in engineering and construction field

 

OR

Demonstration of Compliance with Criteria (2)

2) have suitable work experience

a) as a built environment professional on construction projects at a senior level

or

as an Attorney or Advocate practicing in the field of construction law

and

b) in the development of contract documentation, contract administration or disputes involving one or more contracts in the NEC family of contracts

General Work Experience:

OR

AND

Experience in the development of contract documentation, contract administration or disputes involving one of more contracts in the NEC family of contracts

3) demonstrate the following three outcomes defined below to peers through a written submission, an interview, a written examination, the submission of a portfolio of work, attendance of courses or a combination thereof as may be required by ICE-SA.

Outcome 1:  Communicate the manner in which any one of the NEC3 family of contracts operate.

Communicate the manner in which any one of the NEC3 family of contracts operate in respect of:

  • Risk management, project management and programming procedures
  • Compensation event procedures.
  • Payment procedures of the main Options.
  • The dispute referral and adjudication process.

Assessment Criteria:

Extensive experience in the following is essential:

  1. Demonstrated  ability  to  draft  Contract  Data; Goods Information; Services  Information;  Works  Information;  Scope  and Pricing Data,

and

  1. Demonstrated experience in the administration of a NEC contract as a Project Manager; Service Manager; Employer’s Agent or Supply Manager.

or

Demonstrated ability to prepare information to be considered by an Adjudicator or acting as an Adjudicator.

and

or

Outcome 2:  Communicate with experts in other professions regarding a dispute.

Communicate with experts in other professions regarding a dispute.

Assessment Criteria:

Extensive experience in the following is essential:

  1. Demonstrate the ability to communicate factual and technical information and questions on matters of law regarding the
    contract to experts.
  2. Demonstrate the ability to receive and interpret communications from experts.
  3. Acknowledges and recognises limitations of own skill base in order to know when advice is required from others.
  4. Demonstrate a full understanding of the differences between Adjudication and other dispute resolution processes such
    as Mediation or Arbitration.

Outcome 3:  Ability to adjudicate a dispute under a NEC contract.

Ability to adjudicate a dispute under a NEC contract.

Assessment Criteria:

Extensive experience in the following is essential:

  1. Demonstrate appropriate processes and procedures required in terms of the NEC contract in order to:
    • Ascertain the contractual position of the Parties to a dispute.
    • Identify correct procedures in accordance with the provisions of an NEC Contract.
    • Communicate the inquisitorial process associated with an adjudication.
    • Calculate the amount of money and / or time that either Party may be due in accordance with the NEC compensation
      procedures.
  2. Define the rules of natural justice, common law principles, contract law, legal precedent and statutory legislation as they
    are applied to a dispute.
  3. Demonstrate the ability to present fair and impartial judgement in written arguments and present decisions in a clear
    understandable form capable of in-depth scrutiny.

Demonstrate appropriate processes and procedures required in terms of the NEC contract in order to:

  • Ascertain the contractual position of the Parties to a dispute.
  • Identify correct procedures in accordance with the provisions of an NEC Contract.
  • Communicate the inquisitorial process associated with an adjudication.
  • Calculate the amount of money and / or time that either Party may be due in accordance
    with the NEC compensation procedures.

DEMONSTRATING COMPLIANCE WITH CRITERIA:

Acceptable means of demonstrating compliance with the Admission Criteria include (but are not limited to):

  • Attendance and passing of courses associated with aspects of NEC Adjudication is a
    recommendation;
  • Attendance of NEC3 training events, workshops and User Group events;
  • Experience, knowledge and understanding of the construction industry at the date of application to be placed on the ICE-SA Panel of NEC Adjudicators;
  • Prior involvement in commercial disputes adjudicated by others under the NEC family of contracts;
  • Experience of having performed alternate dispute resolution under a form of contract other than NEC, or
  • Prior interaction with technical, commercial, legal and other experts in the construction industry.
Referees
Give names and addresses of two referees.
Referee #1:
Referee #2:
Declaration
I have read the requirements for inclusion in the ICE-SA Panel of NEC Adjudicators and ask for the reviewers to waive the following requirements for the following reasons: (If all requirements satisfied enter ‘none’).
I wish to be enrolled on the ICE-SA Panel of NEC Adjudicators, and am prepared to undertake adjudications for the following forms of NEC Contract.
ExperienceAdjudicate
NEC3 Engineering and Construction Contract (ECC)
NEC3 Engineering and Construction Subcontract (ECS)
NEC3 Engineering and Construction Short Contract (ECSC)
NEC3 Engineering and Construction Short Subcontract (ECSS)
NEC3 Professional Services Contract (PSC)
NEC3 Professional Services Short Contract (PSSC)
NEC3 Term Service Contract (TSC)
NEC3 Term Service Short Contract (TSSC)
NEC3 Supply Contract (SC)
NEC3 Supply Short Contract (SSC)
NEC3 Framework Contract (FC)
NEC3 Adjudicator's Contract (AC)
CIDB: Standard Professional Services Contract (1014) - Third Edition
CIDB: General conditions of purchase (1018) - Third Edition
CIDB: General Conditions of Service edition 1
CIDB: Contract for the Supply and Delivery of Goods (1019) - Third Edition
CIDB: The Supply Contract (1021) - Second Edition
CIDB: Supply of Goods (Short Contract) (1020) - Second Edition
FIDIC: Construction Contract 1st Ed (1999 Red Book)  
FIDIC: Plant And Design-Build Contract 1st Ed (1999 Yellow Book)  
FIDIC: EPC/Turnkey Contract 1st Ed (1999 Silver Book)  
FIDIC: DBO Contract 1st Ed (2008 Gold Book)  
FIDIC: Construction Contract MDB Harmonised Ed (Version 2: March 2006 Harmonised Red Book)  
FIDIC: Short Form Of Contract 1st Ed (1999 Green Book)  
FIDIC: Dredgers Contract 1st Ed (2006 Blue-Green Book)  
SAICE: GCC2004  
SAICE: GCC2010  
JBCC Principal Building Agreement (Edition 5.0)  
JBCC Minor Works Agreement (Edition 4.0)  
Confirmation
I attach my Curriculum Vitae, and a cheque for R 1000 or proof of payment of an amount of R 1000 into the ICE-SA’s bank account : Parktown North Branch (Code 000-355 Account No 200485288 in the name of The South African Institution)
Note that you might skip this file upload if you are already a user on the website. Simply go to your user page and find the 'Complete your CV'. If you aren't already a user, head over to registration and sign up!
Files must be less than 6 MB.
Allowed file types: txt rtf html odf pdf doc docx ppt pptx xls xlsx xml.
Please upload the proof of payment of the Admission Fee.
Files must be less than 6 MB.
Allowed file types: txt rtf html odf pdf doc docx ppt pptx xls xlsx xml.
(1) A conflict of interest means any situation in which an adjudicator has competing professional or personal interests which make it difficult to fulfill his or her duties impartially or where incompatibility or contradictory interests exist. A conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in his or her position even if no improper acts result.
If completed on behalf of an applicant.