Steve was appointed by The Electrical and Communications Association, to adjudicate a payment claim dispute between a Contractor and his Subcontractor on a major infrastructure project. Steve had jurisdiction, under the Construction Contracts Act (WA) 2004 (as amended in 2016), to determine the matter for the parties. However, it was resolved, and Steve made a Determination, in accordance with terms that were mutually agreed by the parties.
It’s our firm belief, and our policy, at Lieblich & Associates, that parties should resolve their differences by mutual consent, if possible. We successfully encourage and facilitate such mutual resolution of a large proportion of disputes referred to us, even when the reference provides authority and jurisdiction, by statute or by prior contractual agreement, that Steve determine the matter as an arbitrator or an adjudicator.
Successfully encouraging the parties to arrive at a consensual resolution, saves time and cost, and most importantly, it increases the prospect that the parties may preserve their commercial relations and continue to trade.