We have an excellent spread of articles this quarter. Dean Sayers recounts a recent dispute which threw up an interesting conundrum regarding calculation of final dates for payment. Unfortunately, it settled before the TCC could tell us the answer. Robbie Leckie and Frances Garratt of CMS consider the boundaries of an Adjudicator’s duty to consult parties when reaching a decision on a basis not advanced in submissions. Franco Mastrandrea has recently sat as an adjudicator in disputes which required him to take the initiative, and he gives a real-world account of how he did so, in a manner ultimately endorsed by the Court.
Adele Parsons of Fenwick Elliott brings us up to speed on the Construction Contracts (Exclusion) Order 2022, and examines the commercial and policy rational behind the Order. Tim Willis analyses the Court’s recent decision in Advance JV v Enisca, and John Riches’ Payment Watch looks back in time, recounting some of the TCC’s efforts (with mixed success) to persuade parties to pay up voluntarily following an adverse adjudication award, tracing the threads through to some recent decisions on enforceability.
This is the second issue of the Newsletter adopting the new format, with articles linked to individually rather than a consolidated PDF. Although some readers enjoyed having a single document to peruse, feedback has been overwhelmingly positive and most readers seem to find the new format more convenient and easier to navigate.
As always, contributions are welcome, so please do get in touch if you have something you would like to see published in the Newsletter, or an idea for an article.
Daniel Churcher, 4 Pump Court