Articles

It was not the case, as the employer, that it was under no obligation to make any further payment to the contractor by the application of clause 7.2. the JCT Minor Works Form 98, including the sums found due to it in the adjudication

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The contractor's statements to the adjudicator in the second adjudication that the decision in the first adjudication was valid and precluded him from proceeding meant that it could not seek to challenge the validity of the decision

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The adjudicator's decision was not unenforceable on the ground that the contract required it to be a reasoned one but the adjudicator himself stated in his decision that it was not reasoned

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Let’s face facts. Things are getting pretty tough out there and being a director of any company operating in the construction sector at present is not for the faint hearted. Rising costs and too many companies chasing too few orders leads to one thing only – reduced margins and losses!

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The fact that the adjudicator had acted as an adjudicator and a mediator in relation to other disputes to which the referring party had been a party did not mean that the adjudicator was apparently biased in relation to the adjudication which formed the subject matter of the instant case

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The adjudicator's decision for the contractor to pay the sub-contractor a specified sum should not be enforced by reason of there being a triable issue as to whether there were terms of the contract between those parties which were orally agreed

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Assuming that there had been a debt due and owing from the third parties to the developer (as judgment debtor), the court’s discretion should not be exercised by making final the interim third party debt orders obtained by the contractor (as judgment creditor)

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Cowgill Holloway’s corporate finance department has advised on the merger of The Vinden Partnership Ltd and Watson Laurie Group, a group of companies controlled by Andrew Crompton.

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The dispute referred to the adjudicator in the second adjudication was the same or substantially the same as the dispute referred to the adjudicator in the first adjudication

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If you have ever found yourself in an adjudication the chances are that either you or your opposing party will have asked the Adjudicator to decide that interest is paid on overdue payments.

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My last article dealt with the subject of an Adjudicator’s power to award interest under the Scheme for Construction Contracts (England and Wales) Regulations 1998 (“the Scheme”). The article concluded by saying that where a contract has no provisions relating to the payment of interest, an Adjudicator has no “freestanding power” to award interest.

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As I write this month’s article I am feeling pretty annoyed by one of our clients. I won’t bore you with the details. Suffice to say that we have conducted several adjudications for this particular client over the last year with considerable success.

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The adjudicator in the third adjudication did not have the jurisdiction to embark upon and to decide the issues in the that adjudication

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The court had the jurisdiction to determine the parties' dispute as to whether there was a contract and terms of the contract contended for by the contractor despite no adjudication having been begun and directions should be made to enable that determination to be made

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Whilst an adjudicator could in principle issue an interim decision, if he did not issue a final decision with the required time, it was invalid but the decision in the instant case was not an interim one

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The adjudicator was wrong, as a matter of construction of DOM/2, to determine that he had no jurisdiction to extend the responding party's time for service of its response (beyond seven days) and was in material breach of the rules of natural justice in having made that determination

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The claims made in the payment applications in context were not so nebulous and ill-defined as to be incapable of giving rising to a dispute

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This article is normally devoted to matters of a legal nature but this month I feel compelled to depart from the norm in the hope that somebody from our current government may stumble across it and have a word in the ear of our Darling Chancellor.

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There was no implied contractual term that neither party should seek to influence unilaterally the nominator's appointment of an adjudicator by making unilateral representations to the nominator concerning whom it should nominate

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1 May 2008 was the 10 year or tin, if you prefer, anniversary for the starting date for the Housing Grants Construction and Regeneration Act 1996. What a mouthful. I still can’t get my head around the title and prefer to call it the Construction Act along with the thousands of us who work in this wonderful industry.

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