When has a dispute arisen for referral to adjudication?
A claim does not become a dispute merely because it is submitted or because a unilateral deadline expires. The responding party must have a fair opportunity to understand and consider the claim, after which rejection, prevarication or sufficient silence may establish non-admission.
A dispute arises when a sufficiently defined claim has been presented and is not admitted after a reasonable opportunity for consideration
Present the material claim, basis and relief to the responding party before serving the notice of adjudication. Express rejection will crystallise the dispute. Evasive conduct or silence may do so after a reasonable period, assessed against the claim's complexity, prior exchanges and the recipient's role. A claimant cannot manufacture a dispute by imposing an unrealistically short deadline. A claim so unclear that the recipient cannot respond sensibly may not crystallise at all. The referred dispute may include later evidence and argument, but it must remain the same dispute in substance.
| Issue | Position |
|---|---|
| Claim submitted | Not enough by itself |
| Express rejection | Dispute ordinarily crystallised |
| Prevarication | May imply non-admission |
| Silence | May crystallise after a reasonable period |
| Unclear claim | May be incapable of sensible response |
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