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Costain v Strathclyde Builders

The adjudicator's failure to disclose the matter in respect of which he obtained advice from his legal adviser or to invite comments or submissions thereon was a breach of the principles of natural justice

Deko Scotland Limited V Edinburgh Royal Joint Venture et al

Any award by the adjudicator to the successful party of the "legal costs" of an adjudication must be taxed by the court before they can be enforced against the paying party by the court

Yuanda (Uk) Co Ltd V Ww Gear Construction Ltd

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

Presentation and Settlement

A professionally presented case will in many cases avoid protracted and expensive legal proceedings.

A. Straume (UK) Limited -v- Bradlor Developments Limited

Adjudication constituted quasi legal proceedings within the meaning of section 11(3)(d) of the Insolvency Act 1986 and the employer should not have leave under section 11(3)(d) to start an adjudication against the contractor against which an administration order had been made where the contractor had already started an adjudication against it

John Roberts Architects Ltd v Parkcare Homes (Part II)

The adjudicator's direction that the client should pay the architect's costs of the adjudication should be enforced by the court where the client abandoned the adjudication proceedings it brought against the architect without the adjudicator making a decision

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.

Bal (1996) Ltd v Taylor Woodrow Construction Ltd

The adjudicator' decision in the sub-contractor's favour was in breach of the rules of natural justice by reason of his having come to a conclusion on a material question of law with the benefit of outside legal advice without disclosing that advice or his instructions to the lawyers

Picardi v Cuniberti

The architect should have brought the mandatory adjudication clause in the RIBA conditions of engagement to the homeowners' attention where the contract was one in respect of a private dwelling

Southern Electric Contracting Ltd V Mead Realisations Ltd

The defendant should pay the claimant's legal costs of the court enforcement proceedings to enforce the adjudicator's decision, which costs should not be confined to the (£100) fixed costs for such proceedings and instead should be assessed summarily

Jacques V Ensign Contractors Ltd

An adjudicator was not in breach of the rules of natural justice if the decision did not address each and every aspect of the evidence adduced by the parties

Austin Hall Building Ltd -v- Buckland Securities Ltd

Adjudication does not infringe the Human Rights Act 1998 or the European Convention on Human Rights and the rules of natural justice apply to adjudications

HG Construction Ltd v Ashwell Homes (East Anglia) Ltd

The effect of clause 39A.7.1 of JCT 98 With Contractor's Design with regard to the adjudication's position in relation to dealing with an adjudication where the dispute was the same or substantially the same as a dispute in a previous adjudication

Party Wall Surveying and Boundary Disputes

Tel: 01204 362888 for assistance with Party Wall and Boundary Dispute matters.

Westminster Building Company Ltd v Beckingham

The provisions for adjudication in the contract between the homeowner and the contractor for work on his dwelling were not binding on him on the ground that they were unfair within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999

Galliford (UK) Ltd v Markel Captial Ltd

Decision against the engineer company obtained by the contractor not enforceable against the engineer company's insurer under the Third Parties (Rights Against Insurers) Act 1930 where the engineer company became insolvent after the decision was made

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.

Compulsory mediation?

Anybody reading this article who has been involved in a construction dispute will know that it can be an expensive business. Lawyers do not wear nice suits because they are cheap to hire!

Tally Wiejl (UK) Ltd v Pegram Shopfitters Ltd

Summary judgment should not be ordered to enforce the adjudicator's decision in favour of the contractor where there was a realistic possibility that no construction contract had been entered to with the result that the adjudicator did not have jurisdiction to make any decision

John Roberts Architects Ltd v Parkcare Homes Ltd (Part I)

The adjudicator's direction that the client should pay the architect's costs of the adjudication should not be enforced by the court where the client abandoned the adjudication proceedings it brought against the architect without the adjudicator making a decision

Amec Capital Projects Ltd v Whitefriars City Estates Ltd (Part III)

The legal principles governing whether a tribunal was apparently biased

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

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.

Corporate Recovery

Tel: 01204 362888 for immediate advice on the steps to take to rescue a business.

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.

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.

Mediation

Tel: 01204 362888 for a mediation service to help you achieve settlement of your case without invoking formal legal proceedings.

Arbitration

Tel: 01204 362888 for immediate construction arbitration advice and assistance.

Litigation Support

In extreme situations, when negotiations have failed, it may become necessary for your dispute to be dealt with by litigation.

Adjudication

Tel: 01204 362888 for immediate assistance and advice about resolving your construction dispute by statutory adjudication.