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Section 110(1)(a) in the Housing Grants, Construction and Regeneration Act contains the most important obligation in the Act:
“Every construction contract shall provide an adequate mechanism for determining what payments become due and when…” (emphasis added).
The themes of this August Newsletter are contracts in writing and the DTI Review which as you will all know was published on 20 June 2007.
It is now 10 years since Parliament enacted the Housing Grants Construction and Regeneration Act 1996 (“the Act”) to set up a statutory framework for deciding construction industry disputes using a system of “rough justice”.
Adjudication is working. That is the general consensus of the industry and the process is serving users well. Any quick fire system for solving problems will throw up anomolies and the odd bad decision however I ask what process of dispute resolution is deviod of such problems.
We are always seeking to develop the Newsletter as a mark of Adjudication excellence; to disseminate leading opinion and best practice for adjudicators and practitioners; to inform about adjudication in the UK and throughout the world.
Several years ago His Honour Judge Anthony Thornton QC, during his keynote address at the Annual Adjudication Society, proposed that there should be a code of conduct for adjudicators. He thought that the Adjudication Society was well placed to develop such a code.
A few books provide a short but concise introduction to the many forms of dispute resolution that now exist in the construction industry1. The Engineer’s Dispute Resolution Handbook, edited by Dr Robert Gaitskell QC, does just that.
The Building and Construction Industry Security of Payment Act 2004 (SOPA) came into operation on 1st April 2005. It is modeled after the New South Wales legislation of the same name. Essentially, the SOPA comprises two parts.
In Singapore, adjudication of claims for payment for work and supply of goods and services in the construction industry is facilitated by the Building and Construction Industry Security of Payment Act (“SOP Act”) and its accompanying Regulations, both of which came into operation on 1 April 2005.
Welcome to this bumper edition of the Newsletter. Matt Molloy, who will be well known to many readers, has produced a fascinating article giving a series of invaluable tips to all those involved in adjudications.
Following the continued success of our annual conference I am pleased to announce that Martin Potter together with suitable supporting staff will again organise this year's conference to be held on 15 November 2007.
"In 43 AD four Roman legions led by Claudius invaded Britain and subdued the indigenous Celts.
Construction projects usually have complex supply chains. Payment for materials generally cascades down the supply chain from the developer to the supplier, via the main contractor and subcontractor.
Here is another case where Multiplex, the constructor of the national stadium at Wembley, is providing assistance to the growing body of case law relevant to adjudication, Multiplex Constructions (UK) Ltd v Mott Macdonald Ltd, 10 January 2007, TCC.
Firstly, I must apologise to the members for the lateness of this edition of the Newsletter. This is the consequence of a simultaneous and profound work crisis experienced by all members of the team, but especially me.
On 16 November 2006, perhaps by way of a passing shot or maybe simply the final act of the outgoing chairman, Guy Cottam congratulated me in taking over the reins of the Society for the next two years.
It is well established that under the Scheme for Construction Contracts only a single dispute may be referred to adjudication at any one time, unless the parties agree otherwise.