Articles

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

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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

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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

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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

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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.

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North West Mediator, Peter Vinden, talks about using his hostage negotiation training in mediation.

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Even if the employer had established that there was no contract in writing for the purposes of the Construction Act, the court would nevertheless have been reluctant to exercise its discretion in favour of making the declaration sought by the employer that there was no such contract

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Lantec in Bolton are currently developing our new look website in conjunction with marketing group MC2, Manchester

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The Department for Communities and Local Government (DCLG) has set ambitious targets for the provision of three million new homes by 2020. Sixty percent of these homes are targeted to be built on brownfield land and by 2016 all new homes in England and Wales are to be ‘Zero Carbon’.

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The true construction of the “pay when paid” clause in the sub-contract was that it only bit if the employer were the subject of a court made administration order under Part II of the Insolvency Act 1986 as amended, which it was not

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The enabling and civil engineering works to be carried out under the sub-contracts at the power stations were construction operations within section 105(1) of the Construction Act and were not excluded as being the assembly or installation of plant or machinery under s105(2)(c)(i)

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The adjudicator’s decision should not be enforced on the grounds that the adjudicator acted without jurisdiction and in breach of the rules of natural justice by calculating the construction manager’s loss of profits based on an approach which neither party had raised before him

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As a matter of construction of the sub-contract, the parties agreed that the RICS would be the adjudicator nominating body

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It was not the case that the adjudicator acted in breach of the rules of natural justice by not properly deciding the dispute before him

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Quantity surveyors (QS) are facing an increasing need to multitask to beat the recession and keep building their business, according to experts at the Vinden Partnership.

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The decisions of the adjudicators in the two adjudications should both be enforced

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Construction project manager and surveyor, The Vinden Partnership (TVP), has launched a unique Latent Defects Insurance package for completed and partially completed projects where warranties and guarantees are no longer available.

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I recently issued my 100th Adjudicator’s Decision. Whilst this may have been a personal landmark, there were no cakes, no candles or any other celebrations for that matter. Just a little bit of quiet reflection and an intake of breath before diving into the next case in line.

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My firm, The Vinden Partnership (“TVP”) spends a lot of its time advising Directors, Banks and Insolvency Practitioners on the best way to restructure and/or recover businesses involved in the construction supply chain. We have been doing this since TVP’s inception in 1994. It is true to say that over the last 15 years I can remember the Company Voluntary Arrangements (CVAs) I have been involved in on less than the fingers of one hand! However, for reasons that I am hopefully about to explain, things may be about to change.

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I have heard it said on many occasions that it is never a good thing to “blow one’s own trumpet” but on this occasion, however, I just can’t resist. The reason for lifting my head above the parapets is to announce that those clever boys and girls in our insurance department have just come up with a rather useful new form of insurance policy which could soon be in great demand.

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