Evidence in adjudication
Evidence in adjudication

The following Construction practice note provides comprehensive and up to date legal information covering:

  • Evidence in adjudication
  • Documents
  • Disclosure
  • Presentation of documents in an adjudication
  • Witnesses of fact
  • Expert evidence
  • Confidentiality over documents
  • Decisions and evidence from previous/related adjudications

Evidence in adjudication

Produced in association with 4 Pump Court.

This Practice Note looks at the types of evidence that may be used in an adjudication, including supporting documents, evidence from witnesses of fact and expert evidence. It also considers how evidence should be presented in adjudication, whether documents may be kept confidential, how disclosure requests might be permitted, and the ability to rely upon evidence or documents from previous adjudications.

There are generally no strict rules as to the format or type of evidence which must be provided in an adjudication. The guidance below on the use of evidence is of general application unless contradicted by something in a particular contract or set of adjudication rules.

The aim of both parties should be to present their case to the adjudicator as clearly and intelligibly as possible. Too much material can obscure the real issues. However, if too little material is provided with the Referral Notice or Response (or any other submissions), the result can be an unsatisfactory drip-feed of further information which disrupts the adjudication process.

Documents

It is important to check the relevant adjudication rules and contract for any specific requirements as to documents that must be provided. For example, under the Scheme for Construction Contracts, the Referral Notice should be accompanied by copies of, or relevant extracts from, the construction contract and such other documents as the

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