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.
The working party is charged with scoping a simple, Construction Act compliant, adjudication timetable and procedure for low value disputes. The plan is to give adjudication back to parties involved in low value disputes about straightforward issues.
Notes from our Chairman Tim Willis.
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?”.
I was talking recently to a party who had lost rather badly in an adjudication.
In recent years, there have been an increasing number of individual adjudicators who carry business through a firm or a company. This trend has given rise to a number of issues in relation to the role of such companies.
The Republic of Ireland Region of the Adjudication Society is preparing for the 2017/2018 professional year after the summer break.
The moral of the story? Go forth and notify!
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.
The Ireland Region of the Adjudication Society recently held its 4th annual conference at Dublin’s well known Croke Park venue. 2017’s conference was organised around the theme ‘I’m in an adjudication, get me out of here.’
This was considered and decided upon by Mr Justice Coulson in the recent Hutton Construction Limited v Wilson Properties (London) Limited  EWHC 517 (TCC) case.
Notes from our Chairman Tim Willis, particularly on Brexit.