Adjudication, expert evidence and the crystallisation of disputes

When a party refers a delay claim to adjudication, it will often want to support its case with a newly prepared delay report. Does this, however, raise a fresh dispute, requiring a fresh notification and hence more time for the responding party to consider it before a dispute crystallises?

This point was addressed by Mrs Justice O’Farrell in MW High Tech Projects UK Limited against Balfour Beatty Kilpatrick Limited [2020] EWHC 1413 TCC. This podcast by David Sawtell will consider the decision, and in particular, whether a new expert report is simply a supplement to an existing claim or if it is a fresh claim altogether.

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