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Over 170 delegates attended the Adjudication Society’s annual conference in London last week to listen to speakers discuss and debate issues centring on “The users’ experience and what can be done to improve it?”.
In recent years, there have been an increasing number of individual adjudicators who carry business through a firm or a company. This trend has given rise to a number of issues in relation to the role of such companies.
The Elephant Test is a very important legal test, or, if it isn’t it should be. It goes like this; I can’t describe an elephant, but I know one if I see one. It is much easier than a written description. All you need is a picture or a visit to the zoo.
I was talking recently to a party who had lost rather badly in an adjudication.
The Republic of Ireland Region of the Adjudication Society is preparing for the 2017/2018 professional year after the summer break.
In adjudication last year’s ‘nasty’ was the unacceptable behaviour of the parties.
The construction industry has become used to the mantra repeated in a number of cases, that the intention behind the Housing Grants Construction and Regeneration Act 1996 as amended (“the Construction Act”) is to give effect to a “pay now, argue later” regime.
This was considered and decided upon by Mr Justice Coulson in the recent Hutton Construction Limited v Wilson Properties (London) Limited [2017] EWHC 517 (TCC) case.
This article examines some of the significant decisions that have been handed down by the courts in the past 2½ years and provides a ‘snippet’ on the legal principles laid down in these cases.
I was talking recently to a party who had lost rather badly in an adjudication.
The Ireland Region of the Adjudication Society recently held its 4th annual conference at Dublin’s well known Croke Park venue. 2017’s conference was organised around the theme ‘I’m in an adjudication, get me out of here.’
In the construction and engineering sectors expert evidence is often adduced in dispute resolution processes. One finds reliance on expert evidence in court proceedings, arbitration, adjudication, dispute boards, expert determination and mediation.
The pressures on adjudicators to perform to high standards, whilst under increasing scrutiny from parties and their professional representatives, can be immense. Adjudicators, even the most experienced should not be complacent and should endeavour to keep ahead through regular CPD. ANBs have a duty to ensure adjudicators they appoint are appropriately qualified and able. It follows that they should endeavour to ensure adjudicators have ongoing access to practical, competency based training.
I wonder what Mr. Bumble would make of the payment provisions of our current Construction Act.
The fast evolving nature of the law of adjudication means that it’s important to continually review related guidance, and early in 2016 I was asked by RICS to chair a working group tasked with producing the fourth edition of the guidance note.
I was talking recently to an ex-adjudicator. We spoke at length about some of the issues in his life that caused him to decide he would no longer be an adjudicator.
The repeal of s.107 of the Housing Grants, Construction and Regeneration Act 1996 has created some problems of its own, and until recently there has been little guidance from the courts for adjudicators faced with a dispute arising from an oral contract. This article considers those problems and how an adjudicator might tackle them, based on lessons to be learned from recent cases.
The Late Payment of Commercial Debts (Interest) Act 1998 ('Late Payment Act') implies a number of terms into commercial contracts for the supply of goods and services.