Articles on Adjudication Issues

Home >> Resources >> Articles on Adjudication Issues

The full text of articles is available to Adjudication Society members only. If you are a member, please log in if you have not already done so. If you would like to join the Society, click here.

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.

March, 2017
John Riches

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

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.

December, 2016
JR Hartley

I was talking recently to an ex-adjudicator. We spoke at length about some of the issues in his life that caused him to decide he would no longer be an adjudicator.

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.

December, 2016
Jonathan Cope

The fast evolving nature of the law of adjudication means that it’s important to continually review related guidance, and early in 2016 I was asked by RICS to chair a working group tasked with producing the fourth edition of the guidance note.

September, 2016
Mark Entwistle

Adjudicators may generally be said to pursue twin objectives; one inward-looking and subjective and the other outward-looking and objective; though both are related, and are essential to achieving an acceptable result of the adjudication process.

September, 2016
Arran Dowling-Hussey

Statutory construction adjudication is now part of the Irish legal landscape following the commencement of the 2013 Construction Contracts Act at the end of July, which will now apply to all construction contracts (includes the appointment of construction professionals) entered into after 25 July 2016.

September, 2016
Jeremy Winter

The idea for the Society of Construction Law Delay and Disruption Protocol came at a talk given by me and Peter Johnson to the SCL in June 2000.  It seemed to us that certain issues came up time and time again in disputes about delay and disruption, and that it might be a good idea to commit to writing some suggested answers to those recurring questions.

Pages

Search articles

Empty

£0.00

Research Requests

Research students sometimes submit a request for members to help with their research. If you can spare a moment, please check out any current requests.

Feedback