Articles in the Spring 2023 Newsletter

Displaying 13 items

Notes from the Editors, Douglas James and Benedict Morillo

Notes from the Chairman, Hamish Lal

The Construction Industry Collective Voice provides a news item on their recent survey regarding cashflow and payment reductions in the Scottish construction industry. The figures emphasise the important role that adjudication continues to play in the construction industry.

Benedict Morillo of Crown Office Chambers sets out the law and practice surrounding the enforcement of adjudication awards against insolvent defendants. He considers whether the approach taken in South Coast Construction Ltd v Iverson Road Ltd was correct and looks at the risk of unenforceable awards being enforced against insolvent defendants and how to mitigate against this.

Tim Willis provides a thorough analysis of AM Construction Limited v The Darul Amaan Trust which concerned whether an employer was entitled to commence a “true value” adjudication in circumstances where it had not issued a pay less notice in respect of a default payment notice and had not yet made payment. Tim considers the jurisdictional issues which arise from this decision and how they can be addressed.

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.

In this article, Katherine Butler provides a report on the launch event of the Society’s Equal Representation in Adjudication Pledge and Women in Adjudication initiatives at King’s College London on 28 February 2023. Please find further details of these initiatives on the Society’s website and please do sign the Pledge.

[2022] EWHC 2767 (TCC)
Key terms:
Breach of Contract; Construction Claims; Cost Budgets; Cost Management; Fees
[2022] EWHC 1385 (TCC)
Key terms:
Adjudicators' decisions; Company voluntary arrangements; Cross-claims; Design and build contracts; Enforcement; Security; Stay of execution; Summary judgments
[2023] EWHC 3339 (TCC)
Key terms:
Limitation Act 1980; Payment Applications; Time Bar; Enforcement; Accrual
[2023] EWHC 11 (TCC)
Key terms:
Adjudication; Adjudicators' decisions; Arbitration awards; Notices; Notice of Dissatisfaction
[2022] EWHC 3319 (TCC)
Key terms:
Adjudication, Enforcement, Extension of Time, jurisdiction, breach of natural justice, adjudicators’ decisions
[2022] EWHC 2881 (TCC)
Key terms:
Adjudicators' decisions; Arbitration agreements; Construction contracts; Dispute resolution; Enforcement; Stay of proceedings; Summary judgments; Water industry