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Fri, 30th October 2009
Rok Building Ltd V Celtic Composting Systems Ltd (Part I)
The sum allowed by adjudicator's decision should be enforced by its payment by the contractor without any set off within 14 days of the date of the court hearing
category: Adjudication
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Thu, 29th October 2009
SG South Ltd v King’s Head Cirencester LLP
Considerations as to whether and in what circumstances fraud or deceit was or might be a defence in adjudication proceedings and in court proceedings for the enforcement of adjudicators’ decisions
category: Adjudication
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Thu, 8th October 2009
Geoffrey Osborne Ltd V Atkins Rail Ltd
The adjudicator was wrong in law to have ordered to order payment of sums to the sub-contractor in respect of his assessment of the value of its claims in its payment application 36 without taking into account any sums paid or allowed by the contractor in respect of its payment application 35
category: Adjudication
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Thu, 1st October 2009
The end to HMRC free banking?
As I look through my window on a wet October day in 2009, my thoughts turn to those Contractors and Sub-Contractors for whom holidays are well and truly over - and I am not talking about the bucket and spade variety!
category: Latest News, Press
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Tue, 29th September 2009
JPA Design and Build Ltd v Sentosa (UK) Ltd
The employer should be permitted to set off the liquidated damages to which the adjudicator in the second adjudication decided it was entitled against the amount of the advance payment which the contractor was awarded in the first adjudication
category: Adjudication
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Thu, 3rd September 2009
Hart v Smith
The adjudicator’s decision in the first adjudication declaring the employers’ entitlement to certificates of non-completion under JCT 2005 should not be enforced by the contractor paying the sum in respect of liquidated damages claimed by the employers
category: Adjudication
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Tue, 1st September 2009
Difficult Conversations, Hostage Negotiation and Mediation
If you want to know the meaning of pressure, try negotiating with a hostage taker whose demands are extremely unreasonable and whose motivations are political, racial or based on religious beliefs when a person's life is on the line - then you will really experience what it is to have a difficult conversation!
category: Press
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Tue, 1st September 2009
Balfour Beatty Engineering Services (HY) Ltd v Shepherd Construction
Propositions derived from caselaw as to what an adjudicator was required to give in terms of reasons if he was obliged to give a reasoned decision and the consequences of his failing to do so
category: Adjudication
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Sat, 29th August 2009
What is Mediation?
The process of Mediation is one of the most common forms of Alternative Dispute Resolution, or ADR. The 'Alternative' referred to is the alternative to a trial and process leading up to trial.
category: Press
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Mon, 17th August 2009
Barr Ltd v Klin Investment UK Ltd
The terms of the adjudicator’s decision in the third adjudication did not demonstrate that the adjudicator was apparently biased or in breach of the rules of natural justice
category: Adjudication
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Wed, 12th August 2009
Estor Ltd v Multifit (UK) Ltd
The holding company should have leave to defend the contractor’s application for summary judgment to enforce the adjudicator’s decision in its favour on terms
category: Adjudication
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Tue, 11th August 2009
Camillin Denny Architects Ltd V Adelaide Jones & Company Ltd
The architect should have summary judgment to enforce the adjudicator’s decision for the payment to it of outstanding fees by the client in the sum specified by the adjudicator
category: Adjudication
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Wed, 5th August 2009
Adonis Construction v O’Keefe Soil Remediation
There was arguably no construction contract in writing as a result of the sub-contractor’s acceptance of the contractor’s draft sub-contract order or the contractor’s letter of intent, the agreed minutes of the pre-start meeting and the sub-contractor starting work thereafter
category: Adjudication
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Tue, 4th August 2009
Vision Homes Ltd v Lancsville Construction Ltd
The adjudicator’s decision was invalid on the ground that it was made in an adjudication where the request for the adjudicator’s appointment preceded the contractor’s notice of adjudication
category: Adjudication
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Wed, 29th July 2009
Beck Interiors Ltd v Russo
The guarantor had real prospects of successfully defending the contractor’s claim against him under the guarantee for the sum which the adjudicator decided should be paid by the employer to the contractor
category: Adjudication
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Tue, 28th July 2009
Workspace Management Ltd v YJL London Ltd
The contractor was entitled to set off the overpayment which the adjudicator found that it had made to the employer from the sum which the contractor was ordered to pay by the arbitrator as an interim payment in respect of the costs for which it was liable to the employer in the arbitration
category: Adjudication
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Fri, 24th July 2009
Jim Ennis Construction Limited v Premier Asphalt Limited
The sub-contractor’s cause of action in the court proceedings it brought to recover the amount of the deduction it made from the sub-sub-contractor’s final account for allegedly defective work was not statute barred by limitation
category: Adjudication
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Tue, 14th July 2009
Windglass Windows Ltd V Capital Skyline Construction Ltd
The cross claim which the contractor sought to bring in the adjudication by way of defence to the sub-contractor’s claim could not properly be brought in the absence of an effective withholding notice having been given by the contractor in respect of that claim
category: Adjudication
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Mon, 13th July 2009
Sharing Pain and Gain – No Win No Fee Adjudication Services
Given the current economic circumstances it is hardly surprising that Vinden’s Dispute and Corporate Recovery teams are expanding rapidly. Peter Vinden, Vinden’s Managing Director, says this is down to a number of factors.
category: Press
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Wed, 8th July 2009
Difficult Conversations, Hostage Negotiation and Mediation (01)
North West Mediator, Peter Vinden, talks about using his hostage negotiation training in mediation.
category: Press
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