John Marshall of Fermata considers how the lack of formal rules for expert reports in an adjudication setting – and adjudicators’ reluctance to appoint their own experts – can lead to reports that are theoretical, non-committal or even disingenuous.
John Marshall
Adjudication is not a form of dispute resolution that lends itself well to resolving extensions of time in the manner generally advanced in full scale litigation or arbitration. An obsession with criticality has led to increasingly complicated forms of analysis which often take months to put together.
It is not often that something exciting happens in the rather arcane world of project delay analysis. Mostly the principles to be applied in ascertaining a contractor’s entitlement to extension of time have evolved at a geological pace and with little assistance from the Courts.