1. SAICE Executive Board September 2011 Matter for noting / approval: Admission Criteria for SAICE Adjudicators Ntsoli Maiketso Pr Eng MSAICE

2. 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

3. Structure of Presentation Literature Review Research Methodology Results Discussion, Conclusion, Recommendation Admission Criteria: key features

4. 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)

5. 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

6. 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!

7. Results Construction Law, Conduct, lawyers (11+4+5=19)

8. 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

9. 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

10. End… Ntsoli Maiketso Pr Eng MSAICE