Articles

It is amazing how many insolvent businesses end up with significant unpaid VAT and PAYE arrears by the time Administrators are finally appointed...

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I talk a lot with my fellow mediators. We share experiences, good and bad. Give each other tips, de-brief one another and generally trade war stories. So I know that it is not uncommon for mediators to have to deal with an aggressive party or representative

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The adjudicator had not acted in breach of the rules of natural justice by wrongly using his own knowledge and experience in formulating the approach he adopted in coming to his decision

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The Vinden Partnership are hosting two breakfast seminars on the issue of "Building Defects". The seminars will be held on Tuesday 5 April at the National Motorcycle Museum in Birmingham, and Tuesday 12 April at Pride Park Stadium in Derby.

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There are very few UK construction projects that start and finish on time. The majority are complex and have to rely on a successful interaction of a significant number of factors if completion is to be achieved by an agreed date. Many simply do not.

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The consequences and ramifications of the improper submission of "without prejudice" material before an adjudicator

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The Vinden Partnership has been shortlisted for a 2011 Red Rose Award.

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Propositions in relation to the parties conferring jurisdiction on the adjudicator to decide his own jurisdiction

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Propositions to determine whether an adjudicator's reasoning in his decision was binding on another adjudicator in a subsequent adjudication applied

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Exciting news! We are opening a new office in Central London. Click here to read the full press release.

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Elevated roof inspection using aerial mast photography

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Elevated roof inspection using aerial mast photography.

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The adjudicator's conclusion in the second adjudication that he was not bound by the adjudicator's comments in the first adjudication as to the applicability of SMM7 was one in relation to "the conduct of the adjudication" under the TeCSA rules

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The enforcement proceedings brought by the sub-contractor in respect of the adjudicator's decision in its favour should not be stayed to arbitration pursuant to the arbitraton agreement in the sub-contract

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Click for a free download of Peter Vinden's paper addressing the impact of corporate insolvency on insolvent parties wishing to take advantage of rights laid down by The Housing Grants and Construction Regeneration Act 1996.

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If you have ever purchased a new house it is highly likely that it came with a building warranty provided by the NHBC, Zurich or similar organisation. The Council of Mortgage Lenders makes clear that they are unwilling to lend money to fund the purchase of a new domestic home unless the homes come with such a warranty.

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Propositions of law as to enforceability of an adjudicator's decision by an insolvent corporate party

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If it had been necessary to make a finding, the court would probably have decided that the contractor did not waive its right to reserve its position as to the adjudicator's jurisdiction by only making that reservation in its second defence served two days after its original defence

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The adjudicator in the second adjudication had not been required to resign on the ground that the in the first adjudication was the same or substantially the same as that determined by the adjudicator in the first adjudication

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The fact that the adjudicator knew that an offer had been made by the sub-contractor would not have led a fair-minded and informed observer to conclude that the adjudicator was or even might have been biased

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