Common use of Subsequent Proceedings Clause in Contracts

Subsequent Proceedings. Records of evidence given and opinions expressed in mediation and adjudication proceedings in respect of any difference or dispute in connection with the Project or the Works shall not be admissible as evidence in any subsequent proceedings solely on the grounds that they were included in such records. Nevertheless, facts once established and agreed upon by the parties may be recorded and then accepted in later proceedings. No person appointed as Mediator or Adjudicator in respect of any difference or dispute in connection with the Project or the Works may be called to give witness thereon in any subsequent proceedings.

Appears in 2 contracts

Sources: Consulting Engineer Agreement, Consulting Engineer Agreement