Articles

Articles in the 2011/July Newsletter

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In the case of CN Associates (A Firm) –v– Holbeton Limited, CN Associates (“CN”) sought to summarily enforce the decision of an adjudicator.

A conundrum that has often arisen upon projects administered under the Engineering and Construction Contract upon which I have been involved concerns where the dividing line falls between the actual Defined Cost of the work already done and the forecast Defined Cost of the work not yet done, particularly when the compensation event is assessed retrospectively by an adjudicator.

The recent TCC judgment in De Beers v Atos, by Mr Justice Edwards-Stuart, referred to a ‘pet subject’ of mine; ‘Concurrent Delays’.

First up in this edition we have a couple of practical articles on substantive points of construction law for adjudicators.

Most of you will be aware of the phrase concerning a tribunal “going off on a frolic of its own”, which, in the context of adjudication, is a reference to an adjudicator using his or her own evidence to determine a dispute.

The November 2010 edition of the newsletter contained a thought provoking article reviewing the decisions in Cantillon, Quartzelec and Pilon and questioned whether it is desirable for a Responding Party to be able to raise any defence in response to an adjudication referral.