Question: They have won a contract to construct a warehouse and offices for a freight delivery company. A dispute has arisen concerning some of the load

 They have won a contract to construct a warehouse and offices

They have won a contract to construct a warehouse and offices for a freight delivery company. A dispute has arisen concerning some of the load test results for the piling works, a small number of which have not met design requirements. Your team are sure this work is in accordance with the specification but the client's representatives have insisted that they have witnessed faulty workmanship and want to find a solution urgently. An interim valuation has recently been certified and will be due for payment in ten days, however the client is insisting that no further payments should be made until this matter is dealt with. The contract is a standard form of contract, which provides for both adjudication AND arbitration and the Project Manager has suggested that both parties resort to arbitration and waive their right to adjudication. Task Prepare a brief outlining the various problems raised by this situation and the means by which the contract documentation deals with them. Recommend the procedures that should be adopted by the parties to provide a solution. Note: In your answer, you are free to assume whether the contract is JCT16 or NEC4

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