Stay frosty

Bingham, T

Stay frosty - 2000 - Building 265(8163) 24 November 2000, 55(1) .

Discusses the adjudicator's role in a fees dispute between Woods Hardwick, architect and engineer, and its client Chiltern Air Conditioning. Chiltern's representative was openly hostile to the adjudicator, and the adjudicator returned a similar sentiment. When the adjudicator ordered Chiltern to pay the architect's fees, Chiltern attacked the adjudicator claiming gross unfairness; the adjudicator had not reported evidence from the architect and two subcontractors, and had prevented Chiltern from presenting its case. The adjudicator's award was not enforced and the adjudicator was found in breach of the adjudication scheme; he had failed to inform Chiltern of relevant evidence and had formed an adverse opinion of Chiltern early in the proceedings which called into question his impartiality.


BIAS
IMPARTIALITY
WITHHOLDING
CHILTERN AIR CONDITIONING V WOODS HARDWICK
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATORS
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION