I would agree that the Adjudicator did not have the power to decide to use rates. The Adjudicator's job is to answer the question put forward in accordance with the contract that has been signed up to by both Parties. The contract clearly states that if both Parties agree rates or lump sums may be used. However, if you as the Contractor did not agree, then it has to be assessed using the Defined Cost rules.
The caveat to this (as ever) is that it assumes that there are no Z clause amendments that changes the standard clauses in this regard.
It is not the first time I am afraid where i have heard of an Adjudicator making clearly (in my opinion) an incorrect decision in accordance with the contract they are being asked to assess against.
The caveat to this (as ever) is that it assumes that there are no Z clause amendments that changes the standard clauses in this regard.
It is not the first time I am afraid where i have heard of an Adjudicator making clearly (in my opinion) an incorrect decision in accordance with the contract they are being asked to assess against.