by Catherine Green | Nov 22, 2018 | Early Neutral Evaluation
by Royden Hindle [1] Neutral evaluation is a relatively little-used tool in the dispute resolution toolbox. Certainly, it has potential drawbacks: a party who is disappointed by an evaluator’s assessment may be slow to accept the outcome, while a party who feels...
by Catherine Green | Nov 22, 2018 | Adjudication
What is adjudication? Adjudication is a unique fast track statutory dispute resolution process or resolving building and construction disputes under the Act. It is the most commonly used dispute resolution process for resolving such disputes. Adjudication is quick and...
by Catherine Green | Nov 22, 2018 | Adjudication, Initiating Adjudication
Initiating Adjudication: Back to Basics Part One: The Notice of Adjudication The preparation of the Notice of Adjudication is arguably the most important step in the Adjudication process under the Construction Contracts Act (the Act). It is that document...
by Catherine Green | Nov 22, 2018 | Dispute Review Boards
Dispute Review Boards are known by many names. They are often referred to as Dispute Boards, Dispute Avoidance Boards, Dispute Adjudication Boards and Dispute Resolution Boards. Whatever their name, they have become a standard dispute resolution mechanism for...
by Catherine Green | Nov 21, 2018 | Adjudication, Initiating Adjudication
Initiating Adjudication: Back to Basics Part Two: Service of the Notice of Adjudication You have your Notice of Adjudication prepared, but what steps do you need to take to serve it? This note sets out in brief the requirements for service under the...
by Catherine Green | Nov 20, 2018 | Adjudication, Initiating Adjudication
Initiating Adjudication: Back to Basics Part Three: Appointing an Adjudicator Following on from Part Two of our three-part series on initiating adjudication, in this note we briefly look at how to appoint an adjudicator under the Construction Contracts Act (the Act)....
by Catherine Green | Nov 1, 2018 | BuildLaw
November 2018 In this issue we feature delay analysis. We also look at challenging an adjudication determination in various jurisdictions, the perennial chestnut – who are the parties to the contract? force majeure clauses and causation, current problems...
