Restoring the balance - or simply raising different questions
Rushton, J
Restoring the balance - or simply raising different questions - 2002 - Civil Engineering Surveyor July/August 2002, 38-39(2) .
Examines recent signs that the balance between the claimant's and the defendant's cases may soon be restored, after a period of imbalance. Uses a series of recent court decisions to illustrate the point that adjudication is only available if the parties are in dispute, and an application for payment, or a claim, is not necessarily a dispute; if a dispute arises, care should be taken not to shift ground in the ensuring adjudication; and the adjudicator is not there to make the referring party's case for them.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
Restoring the balance - or simply raising different questions - 2002 - Civil Engineering Surveyor July/August 2002, 38-39(2) .
Examines recent signs that the balance between the claimant's and the defendant's cases may soon be restored, after a period of imbalance. Uses a series of recent court decisions to illustrate the point that adjudication is only available if the parties are in dispute, and an application for payment, or a claim, is not necessarily a dispute; if a dispute arises, care should be taken not to shift ground in the ensuring adjudication; and the adjudicator is not there to make the referring party's case for them.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION