A residential construction company entered into a dispute with its steel fabriction and erection contractor over a series of claims representing approximately 15% of the total contract value.
Steve Lieblich was appointed Arbitrator in the matter by the Institute of Arbitrators and Mediators Australia. After a Preliminary Conference in March, the parties submitted their
* Defence and Cross Claim
* Reply and Defence of Cross Claim
* Rejoinder to the Defence of Cross Claim
These interlocutory proceedings were completed in September 2007.
Steve considered the material submitted and then provided the parties a detailed anaylisis of the issues in the matter, complete with a spreadsheet analysis of the quantum of the various cliams, but without expressing any view of the merits of the arguments. He issued further directions noting that the analysis he had provided did not reflect any determination or opinion in relation to the validity or merit of the claims, and requesting that the parties’
* respond to a list of questions by 30 October 2007, and provide a copy to the other party
* provide him with their reply to the other party’s response (if any) by 13 November 2007.
The parties advised, having had the opportunity to consider their respective positions, that they wished to suspend the arbitration in order to seek a resolution by direct negotiation.
They subsequently confirmed that they had resolved the matter by negotiation and mutual consent.