28.3.1 The Contractor and its Sub-Contractors may request the right to join their disputes into a dispute under the Contract if the same issues are involved. This should generally be resisted by the Authority as it will only increase the time and cost of the process for the Authority. The Authority should not automatically become embroiled in the Contractor's disputes with its Sub-Contractors, particularly as the Contractor should in any case ensure that, as far as possible, decisions under the Contract flow down the contractual chain (although see Section 28.4.3 below). This is achieved through proper structuring of the Sub-Contracts and is an issue on which financiers will insist. It may, however, be possible to agree joinder in relation to certain limited matters (such as disputes arising out of the Tests referred to in Section 3.6 (Acceptance and Service Commencement)).
28.3.2 The Authority should adopt a compromise position. This allows the Sub-Contractors the right to make written representations to the arbitrator/adjudicator as part of the Contractor's case in a dispute under the Contract where that dispute relates to issues in dispute under the relevant Sub-Contract. The arbitrator/adjudicator will not determine the Sub-Contract dispute itself, so in order for his decision on the Contract dispute to be binding on the Contractor and the Sub-Contractor, they must separately agree to be bound by the decision of the arbitrator/adjudicator in respect of that matter as between themselves.