This document discusses construction contract disputes and their resolution process according to the NJPC 2000 Contract. It outlines that disputes can be referred to an adjudicator appointed by the NJPC to make a determination. If either party disagrees with the adjudicator's decision, they can notify the other party of their intention to refer the matter to arbitration within 10 days of the adjudicator's judgment. The arbitration process must follow UNCITRAL regulations and the NJPC acts as the appointing authority.
2. Group Members
KANDEMWA TINASHE N0199534T86
KANYEMBA TAKUNDA N0198954A87
KUFAZVINEYI EMMANUEL N0198736Y
KURAUONE TINASHE MICHAEL N0199227Q
MABURUSE EMMANUEL N0198584F
MUGOMBI TADIWANASHE N0188892J
3. Disputes
• Construction disputes arise as a result of disagreements
between the parties involved in a contract.
• These disputes themselves aren’t the breach of contract, but
they can lead to a breach of contract if not properly solved.
• If any dispute between the parties arises, the Administrator
proceeds to obtain from the NJPC, the name of the adjudicator
to be appointed.
4. • Adjudicator must determine whether or not any of the parties to a
construction contract are liable if certain conditions are met.
• If the dispute between parties referred to in clause 42.1 arises, which
cannot be resolved between the parties, it shall be referred in writing
and be settled by the adjudicator.
• The Adjudicator shall conduct in accordance with the NJPC
adjudication rules in resolving the dispute between parties.
• If a dispute referred to the adjudicator also concerns a dispute between
the principal contractor and any subcontractor, the principal contractor
may submit the subcontract dispute to the adjudicator at the same time
as the dispute under this agreement.
5. • The adjudicator shall then settle the two disputes together and references
to the parties shall be deemed to include the subcontractor (Clause 42.5).
• Clause 42.6 states that the adjudicator settles the dispute as an
independent adjudicator and not as an arbitrator, in other words the parties
were alive to the fact that adjudication, on its own was not a dispute
resolution mechanism. If it failed, the matter would have to be referred to
arbitration.
• The adjudicator’s decision is enforceable as a matter of contractual
obligation between the parties and not as an arbitral award.
6. • He is paid equally by the parties.
• The adjudicator’s powers include the power to review and revise any
action or inaction of the administrator relating to the disputes. The
adjudicator shall have full power to review and revise any decision,
opinion, instruction, valuation, certificate or notice and to order such
measurements and valuations as may in the adjudicator’s opinion be
necessary to determine the respective rights of the parties.
7. Clause 42.8 also states that either party may request the NJPC
nominate a new adjudicator if the current on resigns, dies, is
otherwise unable to serve, or fails to issue a judgement as
required by the NJPC adjudication regulations. The NJPC
shall designate a new adjudicator with the authority to resolve
issues that are currently before the predecessor but have not
been resolved. Previous settlements of disputes cannot be
brought up again before the new adjudicator.
8. • Except in instances involving defects and the release of
retention as depicted on clause 42.9, no reference to
adjudication may be made more than 10 days following the
issue of the final payment certificate.
• A party may notify the opposite party of their intention to
refer the matter to arbitration if they are unhappy with the
adjudicator’s judgement after receiving it as illustrated on
clause 42.10.
• Within 10 days of receiving notice of the adjudicator’s
judgement, any notice must be given.
9. • The following clause 42.12, provides that no arbitration proceedings
may be started earlier than 10 days following the issuance of the final
payment certificate or, if later, the resolution of any pending references
to adjudication.
• Furthermore, according to clause 42.13, no matter that hasn’t already
given rise to an adjudicator’s ruling may be brought up for arbitration.
• Additionally, according to 42.14, any arbitration proceedings must
adhere to the UNCITRAL regulations in effect as of the date of the
reference to arbitration.
10. • The NJPC is further said to be the appointing authority for
the purposes of the UNCITRAL regulations in clause
42.15.
• Last but not least, the terms of clause 42.16 shall not be
affected by the termination of this agreement.
