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Professional Negligence in Construction


Page 153

CHAPTER 8

Experts, arbitrators and adjudicators

Experts, arbitrators and adjudicators

  • Introduction 153
  • Section A: experts in dispute proceedings 154
    • Duties and Part 35 of the Civil Procedure Rules 155
    • Retainer by instruction 158
    • Vulnerabilities 158
  • Section B: arbitrators 159
    • Appointment 160
    • Obligations 161
    • Vulnerabilities 162
  • Section C: adjudicators 163
    • Appointment 163
    • Obligations 164
    • Vulnerabilities 165
  • Section D: expert determination 165
    • Appointment 166
    • Obligations 167
    • Vulnerabilities

Introduction

8.1 Construction professionals are not only to be found working on projects, but also playing important roles in dispute resolution as expert witnesses, or deciding construction disputes as arbitrators, adjudicators or in expert determinations. In these roles the professional is in a quite different position from the traditional employer-consultant relationship, and each role brings different challenges (and risks).

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