Midlands region held a surgery attended by about 20 people. Guy Cottam led the surgery, which involved case studies based around a theoretical dispute. The surgery worked in groups of 4-5 who had to address issues raised at different stages of a hypothetical adjudication. The first issues were objections to jurisdiction - in relation to appointment - and the crystallisation of the dispute. The Contract based on the ICE 6th Edition contained a clause requiring the matter of dissatisfaction procedure to be followed before a "dispute " as defined in the contract arose. Opinion was divided as to whether the clause was non6 compliant with the Act so that the Scheme rules applied or whether the ICE rules applied. The case study assumed the Scheme applied and the groups then had to consider procedural directions and a last minute introduction of crucial evidence. The evidence was generally admitted. Finally the groups had to decide the substantive issue, which concerned responsibility for design following an Engineers's instruction changing the contractor's design. Again opinion was divided.
The groups were mixed around and delegates included users who have never sat as an adjudicator and some very experienced practising adjudicator's. The event also attracted a few new members. The morning's work was followed by a very pleasant buffet lunch in the elegant surrounding of the Wilkes partnership - who currently have the builders in. We are pleased to report there was no disruption. Thanks to Guy for his work in providing the case study and leading the Surgery on the day. The Surgery is a good fun format and delegates seemed very pleased with the event. The funds raised will be placed in the regional coffers for the next event. Tony Bingham has kindly offered to talk on his "Blue Standard" approach to adjudication - details to be finalised.
