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How to help an adjudicator adjudicate

It's just about 12-years since "Adjudication" under building & civil engineering contracts was invented. Invented not by lawyers (some poo-poohed it); invented by our construction industry especially for construction. And in that time, and in the more than 250 times having been the adjudicator, I have seen it change, settle down, mature. Even the lawyers admit that it's working.

So, allow me to give you a few tips:

  • The next dispute is just around the corner. Don't take your eye of the ball.
  • Adjudication is not voluntary. As soon as the other party wants to dance, you have no option but to dance.
  • Get yourself an experienced dual qualified adjudicator. Make an effort to agree a name.
  • Cancel your holidays. Adjudication is at breakneck pace (that's why you should be watching for a likely dispute).
  • If you are the Referring Party be open and above board before you commence the adjudication. Send a "Position Paper" telling the other Party what you will be saying to the adjudicator. Invite the other fellow to reply with a "Position Paper".
  • Impress the adjudicator by being above board.
  • If you suspect an adjudication is shortly going to be fired at you issue a "Position Paper" before the adjudication, giving chapter and verse why you take your view. Impress the adjudicator with all this, if and when he arrives.
  • Get help from an experienced adjudication consultant or lawyer to prepare the Referral or the Response.
  • Don't bring a whopper of a dispute to the adjudicator. Break it down into bite size chunks.
  • Come back sequentially to the adjudicator... one smallish dispute at a time. For example bring a quarrel about extensions of time but not any consequent money claim. Deal with that later.

Remember, my job is to be impartial, independent and even-handed... and to move through the materials fast. Help me.

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