The Adjudication Society

Articles

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Displaying 361 - 380 of 585
Ben Beaumont

A Toothless JCT Adjudication Clause

The case of Price and Price v Carter [2010] EWHC 1451 TCC involved an application to seek permission to appeal under Section 69 of the Arbitration Act 1996, for an extension of time pursuant to CPR 62.9 and if granted an appeal against the award under Section 67 of the Arbitration Act 1996.
Robin Orme

New Act, New Skills

INTRODUCTION The adjudication provisions in the 1996 Construction Act have been amended by the Construction Act 2009. Others have already written in the Newsletter about the substance of these changes. What do they mean for the skills which adjudicators need to decide the disputes referred to them?
Alan Williamson

The Responding Party’s Right to Raise Any Defence in Response to a Notice of Adjudication

Until relatively recently it had been the accepted position that the Notice of Adjudication framed and set the boundaries of any dispute referred to adjudication.
William Webb

Editorial

The highlight of this issue is a study into the recent history of adjudication, how the process used has varied over time and how it has been impacted by the strength of the construction industry.
J R Hartley

Complaints Series - No. 8 “How Much?”

A complaint came across my desk recently regarding the amount of time an adjudicator had spent on an adjudication that had settled. The criticism was that the adjudicator had spent more time, and generated a higher fee, than was considered necessary.
Janey Milligan, Peter Kennedy, Lisa Cattanach, Edward McCluskey

The Development of Statutory Adjudication in the UK and its Relationship with Construction Workload

Introduction
Lynne McCafferty

Tactics and Procedure: Using the TCC for Adjudication Business

Introduction The TCC has a bespoke and rapid procedure for dealing with adjudication business in section 9 of the TCC Guide. For straightforward enforcement proceedings, a claim under CPR Part 7 remains the correct route.
John Riches

This Week I Have Been Mostly Blacklisted!

Those of you who are fans of the Fast Show will remember Jesse, the character who came out of the loo or a barn and announced what he ‘had mostly been doing that week’. He may well have been deluded when he announced he had been living on a diet of rubber tyres but at least he knew what was going on in ‘Jesse world’.
Steve Rudd

How Effective Is An Obligation of Joint And Several Liability?

The subject closest to the heart of most adjudicators, i.e. payment of their fees, has not featured for a while so it seems to me time to put that right, particularly considering my recent experience in a challenging case.

J R Hartley

Complaints Series - No. 7 “He Got It Obviously Wrong!”

We all know that adjudicators are allowed to get it wrong, providing that the question they answer incorrectly is the right one. However, this is of little comfort to a party who is on the receiving end of a decision that is wrong, either factually or legally.

William Webb

Editorial

As is often the case, this Newsletter has two distinct sections – the first providing guidance for those who act for the parties in adjudications and the second providing guidance for those occupying the decision making hot seat itself.
Shona Farmer and Fritha Wheeler-Ozanne

Jurisdictional Challenges in Adjudication: To Do Or Not To Do?

Challenges to an Adjudicator's jurisdiction have been par for the course since the introduction of Adjudication. Some Respondents make challenges systematically in case they can find an argument to resist enforcement. The Courts, however, remain reluctant to uphold such challenges.

Lynne McCafferty

Adjudication, UCTA and Interest: Yuanda v WW Gear

In Yuanda (UK) Co. Ltd -v- WW Gear Construction Ltd [2010] EWHC 720 (TCC), Mr Justice Edwards-Stuart has delivered an important new ruling, possibly one of the most significant decisions in construction law of 2010 so far.

Peter Barnes

Get a Grip You Adjudicators!

Introduction.

J R Hartley

Complaints Series - No. 6 : “He Changed His Mind”

It came to my knowledge that a complaint was made recently that an adjudicator had “changed his mind” after a decision had been made. The complainant alleged that, following representations from the other party, the adjudicator altered his decision and had changed his mind.

John Marshall

The Aggregate Approach

Adjudication is not a form of dispute resolution that lends itself well to resolving extensions of time in the manner generally advanced in full scale litigation or arbitration.

William Webb

Editorial

Change is in the air. Not only do we have a new Lib-Con government in Downing Street, but the proposed statutory amendments to the Housing Grants Act and Scheme provisions rumble on. Will the new government affect this?
Nicholas Gould

Book Review: FIDIC Contracts: Law and Practice – Baker, Mellors, Chalmers and Lavers

There are a limited number of books available dealing with the international FIDIC suite of standard form contracts. This new publication covering law and practice is, therefore, extremely welcome.

Mark Entwistle

The Local Democracy, Economic Development and Construction Act 2009

INTRODUCTION

In the middle of November 2009, the Local Democracy, Economic Development and Construction Act 2009 (“the Act”) was passed into law. Though it is not yet clear when it will come into operation, it includes several provisions that will impact upon both adjudication and payment arrangements in the UK construction industry.

Hamish Lal

Consultation on Amendments to the Scheme

18th June 2010 is the response deadline for the final and arguably the most significant public consultation dealing with implementation of Sir Michael Latham’s report on the operation of Part 2 of the Housing Grants, Construction and Regeneration Act 1996.