David Sawtell explores what happens when a party refers a delay claim to adjudication and whether a time-consuming fresh dispute would be raised in response.
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  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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