It is interesting to read Ann Minogue’s “Can we be of any assistance?” (21 January, page 49). Minogue picks up on the point that adjudicators rarely appoint lawyers to advise on the law.
However, this goes a step further as it is rare that adjudicators seek advice from any specialist expert to assist in the understanding of the dispute referred.
This particularly applies when the dispute centres on entitlement to extensions of time.
How many adjudicators have detailed knowledge of delay analysis techniques and can apply them? Not many, I would suggest.
An increasing number of disputes referred to adjudication relate to time issues, therefore an increasing number will be decided by a non-planning qualified adjudicator with the possibility of unsatisfactory and potentially costly decisions being made.