Adjudicator use of an expert or assessor

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Legal and contractual solutions · Adjudication

When may an adjudicator appoint an expert or assessor to assist with the decision?

Authority to appoint, defined remit and disclosure of material expert work

An adjudicator may be able to obtain expert assistance under the applicable rules or appointment terms. Authority to appoint does not remove the duty to conduct a fair process or permit reliance on undisclosed material reasoning.

Quick answer

Confirm the power and remit, then disclose every material expert conclusion for a fair opportunity to respond

The first question is whether the contract, adjudication rules or agreed appointment terms authorise expert assistance. Party agreement is prudent where the power is uncertain, but it is not safe to state that consent is invariably required under every procedure. The adjudicator should define the expert's task, notify both parties, control any direct contact, disclose material reports and calculations, and allow proportionate submissions before deciding. Consent to the appointment does not necessarily waive an objection to an undisclosed method or later report.

IssuePosition
Express power to appointUse within its stated limits
Power uncertainSeek written party agreement
Expert remitDefine and circulate
Material report or methodologyDisclose for comment
Undisclosed decisive analysisEnforcement risk

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