Sometimes I’m glad that I don’t have many years’ experience in civil engineering like Dr Robert Hunter in Carillion v SP Power or Mr George Ross in SGL Carbon Fibres Ltd v RBG Ltd. If I did, it may just make being an adjudicator all the more difficult since I may find it harder to draw the line between using the parties’ materials and submissions to determine an issue, and drawing on my own knowledge and experience, either to fill gaps in the evidence or when I don’t like what is before me.
The question is, “Is adjudication a collaborative tool that can be used to avoid disputes?”.
Crossing collaboration with adjudication is a bit like crossing a labrador with a poodle. Some people will like the results, others will not.
One of the risks in writing a blog is that anything you write will be used against you in evidence when you raise a related issue on behalf of a client. I’ll take that risk and share some thoughts on my experience of a (possibly) more sophisticated way of using adjudication. Continue reading
Many construction and engineering projects have an international element, be it an overseas specialist contractor, an overseas parent company providing a guarantee or a foreign stakeholder.
