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Restoring the balance - or simply raising different questions

By: Series: Civil Engineering Surveyor ; July/August 2002, 38-39(2)Publication details: 2002Subject(s): Summary: 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.

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.