Adjudication de-mystified: the meeting

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Adjudication de-mystified: the meeting
Anna Weiss - May 19th, 2011
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Ever found yourself mid-way through adjudication proceedings and faced with the prospect of a meeting with the adjudicator and other side? Here are a few pointers… Part I 13(c) of The Scheme for Construction Contracts (England and Wales) Regulations 1998 allows the adjudicator to meet and question any of the parties to the contract and their representatives. This happens in around 2 in 3 adjudications and can range from small, informal meetings to more adversarial ones with parties exchanging legal blows across a table and, at their most formal, with full cross-examination of witnesses lasting two days or more. There are many reasons why an adjudicator may request a meeting. As a rule, where witness evidence has been submitted, meeting the parties for cross-examination can help the adjudicator see the whites of the witness’s eyes and make sense of poorer submissions. Alternatively, an adjudicator may feel that he can get to the bottom of the matter by setting out any questions in writing. When invited to a meeting, it is important that a clear agenda is established prior to the meeting. If no such agenda is set, Constructive suggests you ask for one. If legal submissions are requested at the meeting and you have not been notified in advance, it is reasonable to request that such submissions are made in writing after the meeting. The adjudicator should also indicate who he wants to attend the meeting and if he does not do so, again ask. What if you want a meeting and the adjudicator does not ask for one? Unless both parties want a meeting and can plead to the better judgement of the adjudicator, tough luck!


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Nick Lane Andrew Aglionby Anna Weiss Charlotte Heywood Kate Wansbrough-Jones Kathryn Ford Peter Clyde Warren Gordon Miguel Huarte Jonathan Choo Kathryn Noble Sarah Rock Richard Keczkes

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Adjudication Case law Contracts Court procedure Deals Development Health & Safety JCT Standard Building Contract NEC Standard Building Contract Planning Statutory Requirements

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