Court judgments from adjudication cases are numerous, though not always significant in directing the practice of the process of adjudication or the practices of adjudicators.
There has been a recent trend of Insolvency Practitioners commencing Adjudication proceedings on behalf of an insolvent company in an attempt to recover the payment of monies against the insolvent company’s account.
Forgive me Mark Ruffalo (American actor) for slightly amending your quote to suit my purposes. The something in our industry is simply a payment.
Adjudication is the construction sector’s dispute resolution method of choice for several reasons. It is quick, comparatively simple, cost-effective and private.
The Elephant Test is a very important legal test, or, if it isn’t it should be. It goes like this; I can’t describe an elephant, but I know one if I see one. It is much easier than a written description. All you need is a picture or a visit to the zoo.
When I first got involved in adjudication, way back in 1998, I was aware of at least 20 organisations that claimed to perform the role of Adjudicator Nominating Body (ANB). Some of those ANBs have fallen by the wayside and no longer offer nomination services. Today, most parties seeking independent nominations of adjudicators apply to only a handful of ANBs.
The year 2017 saw the release of new editions of the FIDIC and NEC forms of contract. When the NEC announced at the beginning of March 2017 that they were releasing the new NEC4, they outlined the three core drafting principles. The underlying philosophy behind the FIDIC update was similar.
Many people in the construction industry do not have to consider how you get an adjudicator unless they are drafting the contract or a dispute arises. An adjudicator or possible adjudicators can be named in the contract or agreed by the parties once the dispute has arisen. Alternatively they can be selected by a nominating body.
Over 170 delegates attended the Adjudication Society’s annual conference in London last week to listen to speakers discuss and debate issues centring on “The users’ experience and what can be done to improve it?”.
Issues arising in adjudications have found their way into our courts on a fairly consistent basis since the Construction Act came into force.
At CDR, we have been involved in the preparation, analysis, and publication of statistics and data concerning statutory adjudication and its use across the UK construction industry since its introduction in 1998.
Unless one was very familiar with the 1st edition, it is not easy to decipher the changes in the 2nd edition, as no redline version showing the differences was published. So some inside knowledge, and some historical records, are indeed useful in identifying the changes and the reasons for them.