Power abuse invalidates adjudication

Atkinson, D

Power abuse invalidates adjudication - 2002 - Construction News (6774) 11 July 2002, 12(1) .

Notes that in recent case "Balfour Beatty Construction Ltd v Lambeth LBC" [2002], if an adjudication is to be used effectively, it is essential that the referring party gives the adjudicator everything required in a highly manageable form. The adjudicator should not attempt to reverse fundamental deficiencies in the material presented by one party without first giving the other party a proper opportunity to deal with the intentions and the results. He should then liaise with both parties about his findings, otherwise his decision will be invalid. Suggests that the training of adjudicators need to be more exacting in order to emphasise the needs of a case.


MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
BALFOUR BEATTY CONSTRUCTION LTD V LAMBETH LBC