Articles

"Pay when paid" clauses are supposed to be a concept of a bygone era. Main Contractors would seek to justify their inclusion in a sub-contract by arguing that it should not be the guarantor of payments that are due to pass from an Employer through to the Main Contractor before onward payment to its Sub-Contractors.

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Propositions formulated by Akenhead J to determine whether a party objecting to the adjudicator's jurisdiction impliedly agreed that the adjudicator should make a binding ruling as to his own jurisdiction or waived the right subsequently to object to his jurisdication

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The employer was wrong to contend that the contractor was advancing a different jurisdictional case to that it advanced in the adjudication, had elected to advance one case in adjudication and should not now be permitted to advance a different case in the court enforcement proceedings

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The defendant's contention based on not having been given the opportunity to waive its complaint of apparent bias on the adjudicator's part should be rejected

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"Getting to YES: Negotiating Agreement Without Giving In" is a best-selling 1981 non-fiction book written by Roger Fisher and William L. Ury...

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Clause 93.1 of the core clauses of the second edition of the NEC form of engineering contract was not incompatible with the Scheme for Construction Contracts, did not constitute one of the contractual adjudication provisions and should not be replaced by the adjudication provisions of the Scheme in consequence of the contractual adjudication provisions not complying with the requirements of the Construction Act

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The adjudicator's delivery of his decision three days after the final day for him to reach his decision constituted a failure to comply with his obligation to deliver it to the parties as soon as possible after reaching it under paragraph 19(3) of the Scheme for Construction Contracts

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The effect of articles 6 and 7 of the JCT Minor Works Form was that a party who wished to refer a dispute for resolution has the choice of either adjudication or arbitration and if a party chose arbitration, the other party had no option but to accept that choice

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The law as to the writing requirements for construction contracts for the purposes of section 107 of the Construction Act with particular reference to implied terms

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It is very tempting for a party to a construction contract to seek to amend the clauses of a standard form of contract in order to shift the commercial balance of the agreement in its favour. Tolent Construction, who by the way is not alone, did just this in its amendments to the Construction Industry Council Model Adjudication Procedure which Tolent incorporated into its "non-standard" standard sub-contract (if you see what I mean) when it introduced the following amendments to clauses 28 and 29 of the CIC rules to read...

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The employer was not entitled to set off liquidated damages for the period in respect of which the contractor was not awarded an extension of time by the adjudicator against the sums which the adjudicator awarded to the contractor

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The approach set out by Judge Grant to be adopted by an adjudicator when faced with a jurisdictional challenge that the contract was not in writing within the meaning of section 107 of the Construction Act

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The part of the adjudicator's decision in respect of which she did have jurisdiction could not be severed from the part in respect of which she did not have jurisdiciton with the result that the decision in the sub-contractor's favour should not be enforced

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Although I’m reluctant to admit it, I have been advising Contractors and Sub-Contractors on buying insurance for over twenty five years. It is a frustrating business and, quite frankly, a thankless task. No wonder I feel so old!

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Propositions of Coulson J as to the adjudicator's obligation to attempt to answer the question referred to him and the consequences of the adjudicator failing to do so in terms of the enforceability of his decision

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Clause 9A of the trade contract, which required the trade contractor to pay the employer's legal costs of any reference made by it to adjudication, was in conflict with the requirements of section 108 of the Construction Act and the Scheme for Construction Contracts

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The Scheme for Construction Contracts (England and Wales) Regulations 1998 makes clear that an Adjudicator can only deal with one dispute at any one time. Of course, it is open to the parties to agree differently but it is a rare occurrence when parties actually co-operate with each other, let alone the Adjudicator, in an adjudication.

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The true construction of the "pay when paid" clause in the sub-contract was that it did not cover an insolvency which was "self-certified" by the employer itself having appointed an administrator; and only bit if the employer were the subject of a court made administration order

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TVP have recently invested in aerial mast technology enabling us to carry out detailed roof inspections from ground level. The aerial mast can be manually extended to heights ranging from 2 metres up to 15 metres and the design of the mast allows erection on any surface or gradient regardless of ground conditions.

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The clients should be restrained by injunctions from taking any substantive step in the adjudications commenced by them until they complied with the court's orders for them to honour the adjudicator's decisions in the adjudications brought by the consultant and costs orders

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