Articles

I recently became aware of a complaint about an adjudicator who had not conducted a site inspection in a case that involved allegations of defective workmanship.

The Society has held two important meetings since our last newsletter was compiled; in November 2013 the twelfth annual conference was held in conjunction with the Association of Independent Construction Adjudicators and in January 2014 the second conference of the Adjudication Society for the Ir

As of 29 July 2013 the President of Ireland signed the Construction Contracts Act 2013 (“The Act”), enacting the long awaited legislation seeking to improve cash flow for sub-contractors within the construction industry and finally bringing a statutory right of adjudication to Ireland.

The resolution of disputes in both the domestic and international arenas has, over the years, relied heavily upon non-court processes, increasingly in recent times. The costs incurred by the parties involved in dispute resolution can be considerable, with relationships between them also being put at risk. The focus has, however, increasingly switched in more recent years from binding resolution by tribunal decision imposed upon parties, to a more co-operative and non-confrontational approach.

Adjudication is now a dispute resolution process that most in the UK construction industry are familiar with. The process was introduced by the Housing Grants, Construction and Regeneration Act 1996, which became effective from May 1998. We have therefore lived with it for almost 15 years.

As Nicholas Gould has already observed elsewhere in this newsletter, at present adjudication is not available in the Middle East and as a result dispute boards have become popular on construction projects in the region.

The decision of Akenhead J in Parkwood Leisure Limited v Laing O’Rourke Wales & West Limited [2013] EWHC 2665 will be of particular interest to members of the Adjudication Society as it placed collateral warranties on the adjudication radar in the most unexpected way.

The Christmas Season is now upon us. The economy is improving so we hear, but as to whether the rumour will become reality we will have to wait and see.

This edition of the newsletter, in keeping with the season of festive indulgence, brings you a number extra-large helpings of food for thought : we hope you will think of it in terms of being a delicate dispute resolution tasting menu of varied delights!

This is my fourth article on the basics of adjudication.

The Brothers Grimm collection of Fairy Tales includes a tale about a tailor with “seven with one blow” embroidered on his belt, to explain that he had killed several flies with one stroke when they attacked his jam.

As some of you will know the introduction of a statutory basis for adjudication in the Republic of Ireland has had a long gestation. Now, the Construction Contracts Act 2013 (“the Construction Contracts Act”) has been enacted in the Republic on the 29 July 2013.

Whilst some nominating bodies distance themselves from investigating the charge out rates levied by adjudicators, complaints do arise as to the overall amount charged and/or time spent by an adjudicator in the conduct of a matter.

The executive committee is settling in well. I am still Acting Hon Sec; any volunteers to act as Hon Sec are welcome to email me. Richard Booth has been confirmed as the member of the Committee to replace the very long serving Tim Willis as regional coordinator.

The focus of this quarter’s newsletter is upon the Referral process itself. In the third of James Golden’s excellent Back to Basics series, readers will find a useful guide and refresher to the process by which parties can get their dispute into the hands of an adjudicator.

This is my third article on the basics of adjudication.

For many years now, the Technology and Construction Bar Association (“TECBAR”) has administered ADR panels of its members in the fields of arbitration, adjudication, mediation and dispute resolution boards.

Progress on the Irish Construction Contracts Bill 2010 comes sporadically rather than consistently. When passed, it will likely attain a record for the longest period between introduction in the Oireachtas (parliament) and signature by the President.

It has generally been accepted that only one dispute can be referred to adjudication. Although the court has generally been amenable to finding that multiple disputes have not been referred, there have been cases where a challenge on this basis has succeeded.

I came across a complaint from a party who, in their eyes at least, had “won” an adjudication, but couldn’t understand why the adjudicator had apportioned liability for some of his fees to them.