Cladding - Single Building Assessments and additional work assessments: standards

Dispute Resolution

Should there be significant material difference(s) in the opinion between the assessor appointed by the Scottish Government to carry out an audit and that of the assessor appointment by the Commissioning party that cannot be resolved through good faith discussion, Scottish Ministers propose that, unless other specific dispute resolution provisions apply, the following process should take place.

1) The Commissioning party and Scottish Ministers discuss and try to reach agreement on any disputed items and by mutual agreement. A mediation party may be appointed.

2) If the above does not result in an agreed position, a mutually agreed and expert adjudication specialist shall be appointed. The decision arrived at by an expert shall be accepted as final by both parties.

3) If the conclusion of the adjudication expert is that the SBA does not meet the standards and/or works have not been completed in line with the SBA then it will be for the Commissioning party to remedy. This will include further assurance that the SBA now meets the standards. At this point the Register will be updated to confirm that Scottish Ministers are satisfied the works have been carried out to these Standards.