MAKING A COMPLAINT ON ADJUDICATOR
A party to an adjudication or a person acting on behalf of a party (the complainant), may lodge a complaint on an adjudication decision made by a HKICAdj accredited adjudicator within ten (10) business days after the adjudication decision is made.
A complaint must refer to a breach of the HKICAdj code of conduct with particulars of the reference and supporting documents.
Adjudicators are not employed by HKICAdj. It has no jurisdiction to direct or influence an adjudicator in making an adjudication decision. The complaint procedure is not to convince the adjudicator to change the adjudication decision and HKICAdj has no power to manage a complaint in relation to an issue of law or jurisdiction, a wrongful decision of an adjudicator or the adjudicator’s failure to consider a matter submitted by a party in the adjudication process. These are matters to be considered by the court.
After a complaint is lodged by a party, it is initially assessed by the Committee of HKICAdj to ensure that the complaint relates to a breach of the HKICAdj code of conduct and contains particulars of the allegations together with any supporting documents. The complainant will be notified within five (5) business days about the outcome of the initial assessment.
Where HKICAdj has the power to consider the complaint, the concerned adjudicator will be invited to make a submission in response to the complaint within five (5) business days. HKICAdj will then appoint three (3) senior adjudicators in the Complaint Review Panel to review the complaint and the concerned adjudicator’s submission within five (5) business days. Each member of the Complaint Review Panel will consider the complaint independently and prepare a decision within ten (10) business days. The complainant will be informed about the results of the Complaint Review Panel within three (3) business days after the decision is made.
The complaint management process may take about six (6) weeks after the complaint is lodged. HKICAdj will monitor all complaints against its adjudicators and may form the view that an adjudicator should be required to undergo further training and/or alternatively removed from its panel or list of accredited adjudicators.
All information in the complaint process is confidential and records of the outcomes will be kept by HKICAdj for a period of three (3) years in a safe and secure place.