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Following the TCC’s decision in ISG Construction Ltd v Seevic College [2014] EWHC 4007 (TCC) it did not take long for the ingenuity of practitioners to come to the fore in seeking to find a solution to what could be perceived as one contracting party gaining an unfair advantage as a resu
The Committee is continuing to make progress on our plans for the year. We plan to launch the new website in time for the annual AGM and conference, so do remember to email me any thoughts you have so we can incorporate them.
The wait for the commencement of the Construction Contracts Act 2013 continues. As has been set out before in this newsletter, the legislation was introduced as a private member's Bill back in 2010.
I usually prefer to use this editorial slot to introduce readers to the content of the newsletter. In this, my final newsletter, I am however, going to depart from the norm and use this editorial to focus on case law.
On 1 February 2015, the Professional Negligence Lawyers Association launched a voluntary pilot scheme for the adjudication of professional negligence claims brought against solicitors, up to a maximum claim value of £100,000 (the Adjudication Scheme Trial).
Adjudicator’s decisions under the Housing Grants, Construction & Regeneration Act 1996 (“HGCRA96”) are enforceable almost as of right.
This is the first of a series of articles in which I will explore the challenges that will arise from the implementation of Building Information Modelling (“BIM”) for those involved in dispute resolution.
Construction payments legislation introducing statutory adjudication was passed in the Republic of Ireland in July 2013. On the foot of this, and other, developments, the Republic of Ireland region of the Adjudication Society was established in January 2014.
I set out in the previous newsletter what the committee’s plans were for the coming year and am pleased to report that progress has been made on nearly all fronts.
"Can a party be prevented from referring a dispute to Adjudication?" This was Lord Woolman's summary of the question posed in T Clarke (Scotland) Limited v Mmaxx Underfloor Heating Limited – which was also described by him as a "novel point".
If you Google my name (so I am told as I obviously wouldn’t do that myself…), I’m nowhere to be seen. The first hit you get is the former lead male in the Royal Ballet (the name is where the similarities end) and an English General who took a pounding from the Scots in 1745.
This article considers the implications of a Party referring a dispute to adjudication concerning a quotation for a compensation event which has been treated as having been accepted, in accordance with the deeming provisions of Core Clause 6 of the NEC3 Form of Contract.
By Section 108(1) of the Housing Grants, Construction and Regeneration Act 1996, as amended by the Local Democracy, Economic Development and Construction Act 2009, (the "Act") a party to a construction contract has the right to refer any dispute arising under the contract to adjudication.
Call me a sceptic but in November 2009, when the Local Democracy and Economic Development Act 2009 received Royal Assent, I did not believe that the new payment regime would necessarily translate into a reduction in the number disputes over payment within the construction industry.
Although not the subject of a formal complaint, I came to hear about a “grumble” recently concerning how “cosy” the adjudicator and the Responding Party’s representative had appeared during the course of an adjudicator.
In Peterborough City Council v Enterprise Managed Services [2014] EWHC 3193 (TCC), the Technology and Construction Court made an interesting observation about dispute resolution clauses: the effect of which may differ according to whether the final dispute resolution procedure is litigation and arbitration.
Hindsight is a wonderful thing! We are all too well aware of mistakes made on previous projects and the consequences of those mistakes, but how many of us will put that past experience to good use and learn from our mistakes?
This is my final article on the basics of adjudication. My aim is to put any alleged complexities of adjudication in perspective and, as far as possible, empower those of us that work in construction, and are only occasional users of adjudication, to understand and be capable of entering into and completing the adjudication process without specialist advice.