Transcript title

SAICE Executive Board
September 2011
Matter for noting / approval:
Admission Criteria for SAICE Adjudicators
Ntsoli Maiketso Pr Eng MSAICE
Overview / in a nutshell
• SAICE recently introduced GCC 2010, which makes use
of Adjudication, and provides for appointment of
Adjudicators and Adjudication Boards
• Parties to a contract can ask SAICE president to appoint
Adjudicators
• Therefore SAICE needed a panel of Adjudicators, to run
similar to its panels of Arbitrators and Mediators
• Questions to be answered included skills & training,
from educational to professional including specialist
knowledge, to form basis of admission criteria
• Author serves on SAICE PMCD committee as portfolio
co-ordinator on dispute resolution
Structure of Presentation
•
•
•
•
•
Literature Review
Research Methodology
Results
Discussion, Conclusion, Recommendation
Admission Criteria: key features
Literature Review
• Relied mainly on ICE and CIDB criteria / guidelines
– Other references: CIArb, DRBF, CIC, Queensland, FIDIC, etc
– Others x-ref one another, e.g. RICS, RIBA, CIOB
• Maritz @ RICS 2007 findings
– Lows levels of knowledge and use of adjudication in SA
– Adjudicators need an “adjudication qualification”
• Maiketso and Maritz @ RICS 2009 findings
– Not enough adjudicators in SA
– No established framework for skills and training
• Further findings and recommendations
– Need to better organize adjudication and accredit adjudicators
– General agreement reached on relevant skills, useful techniques and desirable
attributes
– Unpacking of “adjudication qualification” revealed general agreement on
knowledge & experience requirements
• Author submitted article for publication in SAICE journal in 2009 on this,
which may be published in next issue (Oct-11)
Literature Review (cont.)
typical requirements from selected institutions
Instn
Exprnce
Reg
CoC
Course
CIDB
PM past 5
yrs
45 yrs age
10 yrs PM
In past 15
yrs
10 yrs
Standing
Recom
Written
appl
10 yrs
Standing
Reqrd
x1
CIArb
Reqrd
x2
Queensland
Reqrd
x3
Modules
x 18
written
appl
ICE
CIC
DRBF
FIDIC
Assgnmt
Exam
Intervw
x1
x1
x1
x 3 days
x1
x2
modules
x1
x2
x2
x 2 days
RICS,
RIBA, ICE,
CIArb,
CIOB
Attributes
only
Reqrd
Research Methodology
• Purposeful sampling
– theoretical sampling at start
– discriminant sampling to close
• 1st draft based on CIDB and ICE, then sourced
comment from:
– SAICE PMCD internal Jan & Sep 2009, AA(SA) Oct 2009, DRBF local chapter
Nov 2009, SAFCEC Feb 2010, CESA Apr 2010, CIDB Jun 2010
– Final draft included separately, key features summarised at end
• Research ethics observed: confidentiality, privacy
• Data handling: content analysis
–
classification, synthesis, patterns, to enable conclusions
• Bias acknowledged, author had direct interest in outcome!
Results
Construction Law,
Conduct, lawyers
(11+4+5=19)
Discussion, Conclusion, Recommendation
• Discussion: key points per Results diagram
– Most supported: objectivity, formal assessment
– Least questioned: experience technical & disputes
– Least supported: include lawyers et al jurisdiction
• Conclusion:
– more objectivity required, formal assessment can
address, therefore criteria cannot be regarded as final
• Recommendation:
– SAICE adopts criteria as interim, whilst developing
long term solution, publicise and invite interested
parties to participate in charting way forward
Key features of SAICE Adjudicator Admission Criteria
No.
Feature
Requirement
i)
Experience
PM/CM/E/PA 10 yrs, past 5 yrs, disputes exprnce
ii)
Professional
Registration
Pr Eng 10 yrs standing
iii)
Forms of contract
Conversant with at least 1 recomm by CIDB, esp SAICE
form, incl its adjudication provisions
iv)
Adjudication
Familiar with intntl & local practice, laws &
guidelines, esp CIDB guidelines
v)
Law
Construction contract law, rules of natural justice
vi)
Appreciation
Costs, design & construction methods, programming
and delays, resourcing, risk
vii)
Impartiality
Capable of free and independent judgment
viii)
Optional interview
Demonstrate suitability, incl communication skills,
personal management for conducting adjudication
Sunset clause
Interim for next 3 yrs, develop long-term criteria incl
written appl, pass course / exam, interview
End…
Ntsoli Maiketso Pr Eng MSAICE