Articles

I am a Solicitor and have specialised in construction law – contract drafting, live project support and dispute resolution – since I qualified in 1984.

Lawrence Davies of Pinsent Masons considers the law on adjudicator’s liens and demands for advance payment of fees following Nicholas James Care Homes Limited v Liberty Homes (Kent) Limited. The decision seems surprising at first blush and Lawrence discusses when an adjudicator’s demand for advance payment is unlawful, and contemplates possible reform.

A review of adjudication as a dispute resolution mechanism in various jurisdictions.

Uncertainty about timing of the value adjudication has the potential to undermine the effectiveness of the amendments to the payment provisions of the Construction Act because it might be open to the payer to start a value adjudication and get a decision in its favour as quickly as the payee could enforce its right to payment of the notified sum.