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Price V Carter

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

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.

Property predictions for 2010

Peter Vinden, Managing Director of construction project management company, The Vinden Partnership, said...

Cowgill Holloway advises on TVP merger

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.

More Jaw, Less War

With reports that the Dubai Government is about to pass a law that will require all construction disputes to go through a mediation centre before they can be litigated in the courts, Managing Director of The Vinden Partnership, Peter Vinden, calls for similar action to be taken in the UK.

TVP Opens Central London Office

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

TVP is Construction Firm of the Year

Bolton-based construction adviser, The Vinden Partnership (TVP), has been named Construction Firm of the Year in the Lancashire Business View Red Rose Awards, established to recognise successful and innovative companies from the region.

Vindemnity

The Vinden Partnership (TVP), a leading North West property consultancy, has launched Vindemnity a unique insurance product for the construction industry following the appointment of Steve Padley.

TVP Launches Vindemnity insurance product

The Vinden Partnership (TVP), a leading North West property consultancy, has launched Vindemnity a unique insurance product for the construction industry following the appointment of Steve Padley.

Multitasking key to beating recession

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.

TVP Breakfast Seminars

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.

TVP Shortlisted for Award

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

Midland Expressway Ltd v Carillion Construction Ltd (Part II)

The contractor was entitled to withdraw its claim for the indirect costs of a change order issued by the Ministry of Transport from the adjudication begun by the employer against the Ministry which the contractor had been joined into in order to pursue this claim

Adjudication and Insolvent Companies

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.

Insurance Lifeline For Construction Projects

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.

Last Ditch Mediation

Regular readers of this column will know that I have something of a passion for mediation. If I ruled the world every day would be Christmas (only joking – you should see Mr Vinden’s credit card bills this year) and I would compel every party to every civil dispute to try mediation as a pre-cursor to litigation in the Courts. Why? -because I am convinced that mediation serves the parties better than the obscenely expensive alternatives.

Christmas Comes Early!

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.

Time for a makeover?

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.

Avoiding Developer Disaster

It never ceases to amaze me how small our world is becoming. Who would have thought events in the American sub-prime mortgage market would have such an effect on our UK banking sector? When was the last time you heard of a run on a UK bank? Am I dreaming? And, what does this actually mean for the UK construction sector?

Insolvency - A Growth Industry

As the subprime crisis in America sweeps across the Atlantic causing a significant credit squeeze in the UK, one of the first sectors in the firing line is construction. Construction across the UK appears to have fallen victim to the economic uncertainty that exists and latest figures show the sector shrinking for the first time in more than six years.

Andrew Wallace Ltd v Artisan Regeneration Ltd

Enforcement of the adjudicator's decision should not be refused on the ground of significant lack of credibility, namely that the architect was guilty of various statutory offences and of fraudulently amending the contract to change the identity of the contracting party

The Privilege Concept

Have you ever received a document marked “Privileged”, “Without Prejudice” or even “Without Prejudice Save as to Costs”? I bet you have, but do you know what these words actually mean? Let me try and explain.

Getting Wound Up!

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.

Scheme Interest and the Late Payment of Commercial Debts

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.

Claiming Interest under the Scheme

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.

Dear Darling.....

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.

Messing with Time

When delay occurs on a construction project the cause of delay is either an event for which the Contractor is responsible, one for which the Employer is responsible, or due to factors which are beyond either party’s control. This third class of causation of delay is said to be neutral in terms of causation simply because it is a delay that neither the Employer nor the Contractor is responsible for having caused.

Getting to Yes

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

All that Glitters...

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!

Whose dispute is it anyway?

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