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How should adjudicators deal with expert reports in Australia?

conference contribution
posted on 2018-11-13, 00:00 authored by Samer SkaikSamer Skaik, J Coggins, A Mills
Since its introduction in to Australia fifteen years ago, statutory adjudication has become increasingly used by parties seeking to recover payment claims which are large in amount and technically and legally complex in nature. This has inevitably led to the formalisation of the adjudication process with parties often submitting, amongst other documents, expert witness reports to support their arguments. The increase in documentation that an adjudicator must consider poses a threat to the integrity of the adjudicator’s determination. This paper adopts a ‘black letter’ approach to distil the law concerning the way in which adjudicators should deal with expert reports, and reveals there are many pitfalls that an adjudicator should be aware of. Moving forward, this paper seeks to inform the PhD study of the lead author which eventually aims to formulate a roadmap with recommendations that may be applied to help optimise the various Australian adjudication schemes for the determination of large and/or complex payment claims.

History

Parent Title

Proceedings of the 2015 Annual RICS International Research Conference: RICS COBRA AUBEA 2015:

Start Page

1

End Page

9

Number of Pages

9

Start Date

2015-07-08

Finish Date

2015-07-10

ISBN-13

9781783210718

Location

Sydney, N.S.W.

Publisher

Royal Institution of Chartered Surveyors (RICS)

Place of Publication

London, Eng.

Peer Reviewed

  • Yes

Open Access

  • No

External Author Affiliations

Deakin University

Era Eligible

  • Yes

Name of Conference

Annual RICS International Research Conference

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