Articles

Articles in the 2016/June Newsletter

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During a period whilst working in the USA, an Architect became involved with the design of skyscrapers on fast track programmes. Through that experience, it became apparent to him that if all the parties worked together collaboratively, the construction process could be planned in advance and then carried out to an agreed schedule.

The Court’s decision in Deluxe Art & Theme Limited v Beck Interiors Limited [2016] EWHC 238 (TCC) is likely to have significant ramifications for adjudications commenced under the Scheme for Construction Contracts 1998 (“the Scheme”) and parties, adjudicators and nominating bodies alike will have to take note and review their respective practices where appropriate.

In this case, the Claimant (“Cofely”) obtained an order that the First Defendant (“the Arbitrator”) be removed from an ongoing arbitration between Cofely and the Second Defendant (“Knowles”) pursuant to section 24(1)(a) of the Arbitration Act 1996 (“the Act”), on the grounds that circumstances existed which gave rise to justifiable doubts as to his impartiality.

On April 13, 2016 Minister Ged Nash signed the Commencement Order for the Construction Contracts Act 2013. The legislation will take effect from July 25, 2016, some 6 years after then Senator Quinn first introduced his Private Members Bill and 3 years after the legislation was passed in its final form by the Irish Parliament. 

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.