John Riches discusses the perils of serial adjudication and overly complex payment provisions, in the context of the Court of Appeal’s decision on payment notices in A&V Building Solutions v J&B Hopkins.
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Articles by John Riches
Displaying 1 - 20 of 24The long view of the enforcement of adjudicators’ decisions.
"Soon you will walk across
this field. I will educate you
to step here and step there,
to avoid the hidden dangers
beneath the grassy slopes
and native flowers."
Walking Through Minefields (William A Poppen January 2013)
Maybe an unfortunate analogy, the minefields in this poem versus the minefields that us construction folk face with the broken payment legislation that we need to negotiate with every day of the week. The latest trap is ‘genuine’.
With the various lists getting there in this song there is telepathy but no mention of email. But that was 30 years ago and as far as I can remember the email was not that popular then.
The last 6 months have certainly been the busiest period I have ever personally encountered in terms of adjudication proceedings. The references to adjudication have been coming to me thick and fast since March, both as advocate and adjudicator, with little time to come up for air.
To retain respect for sausages and laws, one must not watch them in the making. (Otto Von Bismark, 1869)
Forgive me Mark Ruffalo (American actor) for slightly amending your quote to suit my purposes. The something in our industry is simply a payment.
The Elephant Test is a very important legal test, or, if it isn’t it should be. It goes like this; I can’t describe an elephant, but I know one if I see one. It is much easier than a written description. All you need is a picture or a visit to the zoo.
The Elephant Test is a very important legal test, or, if it isn’t it should be. It goes like this; I can’t describe an elephant, but I know one if I see one. It is much easier than a written description. All you need is a picture or a visit to the zoo.
I wonder what Mr. Bumble would make of the payment provisions of our current Construction Act.
<< I have not failed. I've just found 10,000 ways that won't work.>> Thomas A. Edison
If you examine the cases on the Local Democracy, Economic Development and Construction Act 2009 payment provisions this quote may be apposite.
Jaberwocky was a nonsense poem written by Lewis Carroll. We can at least date nonsense back to 1872, way before the Construction Act payment provisions.
We know that the Holy Grail, in the construction industry, is getting paid. Are we any closer to finding this legendary chalice and getting the money?
On 1 October 2011 LDEDC Act came into force for all construction contracts made after that date. It amended the old HGCRA, not by much in respect of adjudication but it brought in a fundamental change in respect of payment. The draftsmen of standard form contracts were on the ball and the amended standard contracts were available for the 1 October 2011 deadline. The industry does not, however, adapt readily to change.
The Brothers Grimm collection of Fairy Tales includes a tale about a tailor with “seven with one blow” embroidered on his belt, to explain that he had killed several flies with one stroke when they attacked his jam.
I was pleased to see that we have a new series for this newsletter called ‘Back to Basics’. This is welcome because, after 14 years of adjudication, complacency has grown. Adjudication is often seen as the only route for dealing with the dispute.
Rumour has it there has been one enforcement in the TCC under the new legislation, but no report is yet available. I gave a lecture on 27 April 2012 to my local branch of the CIArb on the new payment regime and Tony Bingham spoke on the new adjudication provisions.
As the dark mornings and evenings begin to leave us and the shoots of spring emerge, the commercial world also seems to be waking up. For Adjudication, 2012 should see some of out with the old and in with the new.
“Laws are like sausages. You should never watch them being made” - Otto von Bismark.
Some of us have been working with BIS (or whatever they are called this week) both on the original Construction Act and the recent amendments to it in the Local Democracy, Economic Development and Construction Act 2009.