Articles

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John Marshall of Fermata considers how the lack of formal rules for expert reports in an adjudication setting – and adjudicators’ reluctance to appoint their own experts – can lead to reports that are theoretical, non-committal or even disingenuous.

Emma Healiss of Keating Chambers explains the reaffirmation, in FK Construction v ISG Retail, of the very limited circumstances in which one decision can be set off against another – and the practical requirements to fulfil them.

Notes from the Editors, Douglas James and Benedict Morillo

Emma Thompson of Watson Farley Williams reports on the Women in Adjudication’s Meet the ANBs event on 27 April 2023.

John Riches discusses the perils of serial adjudication and overly complex payment provisions, in the context of the Court of Appeal’s decision on payment notices in A&V Building Solutions v J&B Hopkins.

Notes from the Editors, Douglas James and Benedict Morillo

In this article, Katherine Butler provides a report on the launch event of the Society’s Equal Representation in Adjudication Pledge and Women in Adjudication initiatives at King’s College London on 28 February 2023. Please find further details of these initiatives on the Society’s website and please do sign the Pledge.

Lawrence Davies of Pinsent Masons considers the law on adjudicator’s liens and demands for advance payment of fees following Nicholas James Care Homes Limited v Liberty Homes (Kent) Limited. The decision seems surprising at first blush and Lawrence discusses when an adjudicator’s demand for advance payment is unlawful, and contemplates possible reform.

Tim Willis provides a thorough analysis of AM Construction Limited v The Darul Amaan Trust which concerned whether an employer was entitled to commence a “true value” adjudication in circumstances where it had not issued a pay less notice in respect of a default payment notice and had not yet made payment. Tim considers the jurisdictional issues which arise from this decision and how they can be addressed.

Benedict Morillo of Crown Office Chambers sets out the law and practice surrounding the enforcement of adjudication awards against insolvent defendants. He considers whether the approach taken in South Coast Construction Ltd v Iverson Road Ltd was correct and looks at the risk of unenforceable awards being enforced against insolvent defendants and how to mitigate against this.

The Construction Industry Collective Voice provides a news item on their recent survey regarding cashflow and payment reductions in the Scottish construction industry. The figures emphasise the important role that adjudication continues to play in the construction industry.

Notes from the Chairman, Hamish Lal

On 20th September 2022 we held the first in a series of adjudication practical workshops designed to raise and debate the practicalities of various topics which arise during adjudication proceedings. The topic was ‘Adjudicator’s Terms and Conditions’.

Earlier this year I acted as adjudicator in four related adjudications that ran simultaneously, and I thought it would be worthwhile sharing my experience as I think there are some interesting points for parties and their representatives who might be considering using adjudication for multiparty disputes.

Notes from the Chairman, Hamish Lal

This Report has the potential to alert the adjudication community to perceived problems so it can respond to change and ensure that the current success of the process is built upon, and the process responds to wider societal changes.

In this article Carly Thorpe discusses the Technology & Construction Court and the Court of Appeal's approach to dealing with allegations of fraud relating to adjudication.

We are sad to report the passing of John Redmond at the start of November.

The UK faces a difficult winter with inflation and the soaring cost of energy putting a very real squeeze on incomes for the foreseeable future. Everyone is having to do more with less or do without entirely and the construction industry is no exception.

What are the circumstances in which an adjudicator is required to raise matters with the parties before reaching a decision?