Articles

The panellists to this session were John Riches, an experienced Arbitrator and Adjudicator and co-author of the text Construction Adjudication, Chris Hough, solicitor and partner in the law firm Fenwick Elliott, and David Blake, current Chairman of the North East branch of the Chartered Institute

Following the Adjudication Conference 20th November, 2002 the following have agreed, by response to Richard Bayfield’s email seeking volunteers, to form the Constitution Group.

SIMON TOLSON of Fenwick Elliott gets a grilling from the Editor !!

LB: You had another successful Fenwick Elliot Adjudication Review in November, what is your perception now of the market place as far as adjudication is concerned?

I am pleased to issue the September Newsletter after a bit of a delay as we waited to finalise the proposed Conference, some details of which are included later. This month we again have some excellent contributions which cover a wide range of adjudication issues.

John Redmond of Osbourne Clark kindly submitted this article on the recently issued Guidance for Adjudicators.

Guidance for Adjudicators

Members should be aware of the recent CIC publication “CIC Adjudication The First Forty Months “ available from the CIC 26 Store Street, London WC1E 7 BT.

Martin Burns, Manager of the RICS Dispute Resolution Service kindly gave the Editor an update on the RICS strategy on adjudication:

PART 1

Introduction

As everyone is by now aware, a contract must comply with the "eight pillars of adjudication" failing which the Scheme for Construction Contracts ("the Scheme")applies.

Although touted as an informal procedure capable of being operated by parties without the need for expensive representation, the reality is that most participants prefer not to represent themselves.

A full-house meeting at Ove Arup's London Offices in mid December heard Delia Dumaresq (Atkin Chambers) and Chris Hough (Fenwick Elliott) give their views on 'multi-party adjudication' and 'getting paid' respectively. A summary of these excellent presentations is given below.

Chris Dancaster speaking on training of adjudicators and adjudicators’ decisions at Laytons’ Bristol office.

Welcome to all members to our first Newsletter 0f 2002.

I am very grateful to this month’s contributors for a wide range of views. We start the Year 2002 with a big bang –a wide range of commentaries on the adjudication process.

This is a response by Peter Morton to Chris Dancaster’s recent talk in Bristol:

Hole searching is a popular pastime with lawyers, particularly over the Christmas Season when there is little else to do. Frustration with mothers-in-law and mince pies builds to such an extent that release has to be found.

There is no one answer to many of the questions which I am asked in my professional life. The question which Len has asked me – should adjudicators give reasons for their decisions – is no exception.

The provision of reasons by an adjudicator has a number of disadvantages:

In this our final newsletter of 2001. We again have some excellent contributions from colleagues round the UK and we run our first effort at addressing practical issues. We have excellent articles from Chris Dancaster and John Rushton on Adjudicators Decisions.

Chris Dancaster FRICS DipICArb FCIArb tackles the complex area of Adjudicators Decision Writing :

LB What is the most important thing in your view about the Decision?

Chris Richards kindly responded to my request to pose some real live questions to adjudicators. Do you have any comments ? – should the adjudicator have done something different ?

We are looking for further contributions of this nature.

First may I thank many members for their kind comments about the recent Newsletters………”stimulating, pithy, interesting, filled a need in the market to have forum for exchange of views” – are just a few recent remarks from our members..