Articles on Adjudication Issues

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October, 2017
Dean Sayers

The moral of the story? Go forth and notify!

October, 2017
John Riches

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.

October, 2017
JR Hartley

I was talking recently to a party who had lost rather badly in an adjudication.

July, 2017
Tim Willis

Notes from our Chairman Tim Willis, particularly on Brexit.

July, 2017
Jocelyn Lim

This article examines some of the significant decisions that have been handed down by the courts in the past 2½ years and provides a ‘snippet’ on the legal principles laid down in these cases.

July, 2017
Kim Franklin

In adjudication last year’s ‘nasty’ was the unacceptable behaviour of the parties.

July, 2017
JR Hartley

I was talking recently to a party who had lost rather badly in an adjudication.

July, 2017
Tim Willis

The construction industry has become used to the mantra repeated in a number of cases, that the intention behind the Housing Grants Construction and Regeneration Act 1996 as amended (“the Construction Act”) is to give effect to a “pay now, argue later” regime.

July, 2017
Arran Dowling-Hussey

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.’

July, 2017
Peter Barnes

This was considered and decided upon by Mr Justice Coulson in the recent Hutton Construction Limited v Wilson Properties (London) Limited [2017] EWHC 517 (TCC) case.

March, 2017
Her Honour Frances Kirkham CBE

In the construction and engineering sectors expert evidence is often adduced in dispute resolution processes. One finds reliance on expert evidence in court proceedings, arbitration, adjudication, dispute boards, expert determination and mediation.

March, 2017
JR Hartley

The pressures on adjudicators to perform to high standards, whilst under increasing scrutiny from parties and their professional representatives, can be immense. Adjudicators, even the most experienced should not be complacent and should endeavour to keep ahead through regular CPD. ANBs have a duty to ensure adjudicators they appoint are appropriately qualified and able. It follows that they should endeavour to ensure adjudicators have ongoing access to practical, competency based training.

March, 2017
John Riches

I wonder what Mr. Bumble would make of the payment provisions of our current Construction Act.

December, 2016
Frances Garratt

The repeal of s.107 of the Housing Grants, Construction and Regeneration Act 1996 has created some problems of its own, and until recently there has been little guidance from the courts for adjudicators faced with a dispute arising from an oral contract. This article considers those problems and how an adjudicator might tackle them, based on lessons to be learned from recent cases.

December, 2016
Rachael Gwilliam

The Late Payment of Commercial Debts (Interest) Act 1998 ('Late Payment Act') implies a number of terms into commercial contracts for the supply of goods and services.

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