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Case Presentation and Dispute Settlement

Professional case presentation in dispute settlement negotiations can avoid legal proceedings. Find out how - call us on 0845 504 9733.

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

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

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

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

Jerram Falkus Construction Ltd V Fenice Investments Inc

The adjudicator's decision in the third adjudication rejecting the contractor's claim that time was at large and/or that it was entitled to anything further arising in respect of delay was conclusive in accordance with clause 1.9.4

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

Party Wall Surveying and Boundary Disputes

Party Wall Surveying and Boundary Disputes. Call The Vinden Partnership on 0845 504 9733 - Chartered Building Surveyors, London, Manchester, Nottingham, Bolton

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

Ellis Building Contractors Ltd V Goldstein

The consequences and ramifications of the improper submission of "without prejudice" material before an adjudicator

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.

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

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

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!

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

Mediation Services

our mediation services help you achieve settlement of your dispute without invoking formal legal proceedings. Find out how - call 0845 504 9733. The Vinden Partnership.

Arbitration

Call 0845 504 9733 for immediate assistance and advice with resolving your construction dispute by arbitration.

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

The legal principles governing whether a tribunal was apparently biased

Statutory Adjudication

Statutory adjudication for construction dispute resolution. Call 0845 504 9733 for immediate assistance and advice with resolving your construction dispute. The Vinden Partnership Manchester Bolton Nottingham London.

Litigation Support

Negotiations failed? Call 0845 504 9733 now for construction dispute litigation support advice.

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.

A Sting in the Tale

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...