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 RICS 2007 findings – Lows levels of knowledge and use of adjudication in SA – Adjudicators need an “adjudication qualification” Maiketso and 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 InstnExprnceRegCoCCourseAssgnmtExamIntervw CIDBPM past 5 yrs 45 yrs age 10 yrs Standing RecomWritten appl x 1 ICE10 yrs PM In past 15 yrs 10 yrs Standing Reqrdx 1 CIArb Reqrdx 3 Modules x 2 modules x 3 days Queensland Reqrdx 18x 1 CIC RICS, RIBA, ICE, CIArb, CIOB DRBF Attributes only FIDIC Reqrdwritten appl x 2 x 2 days

Research Methodology Purposeful sampling – theoretical sampling at start – discriminant sampling to close 1 st 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.FeatureRequirement i)ExperiencePM/CM/E/PA 10 yrs, past 5 yrs, disputes exprnce ii)Professional Registration Pr Eng 10 yrs standing iii)Forms of contractConversant with at least 1 recomm by CIDB, esp SAICE form, incl its adjudication provisions iv)AdjudicationFamiliar with intntl & local practice, laws & guidelines, esp CIDB guidelines v)LawConstruction contract law, rules of natural justice vi)AppreciationCosts, design & construction methods, programming and delays, resourcing, risk vii)ImpartialityCapable of free and independent judgment viii)Optional interviewDemonstrate suitability, incl communication skills, personal management for conducting adjudication Sunset clauseInterim for next 3 yrs, develop long-term criteria incl written appl, pass course / exam, interview

End… Ntsoli Maiketso Pr Eng MSAICE