Articles in the July 2022 Newsletter

Displaying 12 items

Notes from the Chairman, Hamish Lal

Counting days – a moot point.

Notes from the Editor, Daniel Churcher

The long view of the enforcement of adjudicators’ decisions.

Franco Mastransdrea gives a real-world account of an Adjudicator “taking the initiative”, and having that initiative ultimately endorsed by the Court.

A cautionary tale and a new point of law.

The paradox of encouraging prompt and fair payment within the water and sewerage industries without the Construction Act.

What are the circumstances in which an adjudicator is required to raise matters with the parties before reaching a decision?

[2022] EWHC 936 (TCC)
Key terms:
Adjudicators' decisions; Adjudicators' powers and duties; Interim payments; Set-off; Valuation
[2023] EWHC 301 (TCC)
Key terms:
Final Account; TCC Pre-Action Protocol; True Value; Overpayment; Natural Justice; Jurisdiction
[2022] EWHC 1400 (TCC)
Key terms:
Adjudicators' decisions; Delay; Extensions of time; Final accounts; Interim payments; Liquidated damages; Part 8 claims; Scheme for Construction Contracts
[2022] EWHC 1235 (TCC)
Key terms:
Adjudicators' decisions; Contract terms; Fences; Highways; Jurisdiction; Natural justice; Nullity; Service