Dinuka Liyanawatte
REUTERS | Dinuka Liyanawatte

Practical measures for recovering payment unique to the local environment.

One of the biggest risks that a contractor faces on any construction project is non-payment. Default on payment is as much a fact of business life in the UAE construction industry as in the UK and any other part of the world. While many of the remedies available in the UK also apply in the UAE, others are unique to the region and may not be known to those unfamiliar with contracting here. Continue reading

Corbis
REUTERS | Corbis

As Lord Dyson, MR reminded us in last month’s excellent Keating lecture, construction law and the TCC used to be perceived as:

“a rather dull specialist subject… all about boring Scott Schedules… and delay claims… known in the trade as ‘buggeration claims’.”

But to those of us who know and love this specialist area, we know it is so much more than just “boring Scott Schedules“. Continue reading

David W Cerny
REUTERS | David W Cerny

I have looked at the binding nature of adjudicators’ decisions previously. For example, I have considered how one adjudicator is bound by another adjudicator’s earlier decision and also looked at the concept of temporary finality. On both occasions, the focus was on section 108(3) of the Construction Act 1996 and paragraph 23(2) of the Scheme for Construction Contracts 1998.

Therefore it was interesting to read HHJ Stephen Davies QC’s judgment in Khurana and Khurana v Weber Construction Ltd, where the focus had shifted away from the statutory nature of adjudication and was firmly on contractual issues. Continue reading

Nacho Doce
REUTERS | Nacho Doce

Let’s be honest about it, Matt and I have been slightly spoilt over the past few months when it comes to adjudication enforcement cases to blog about. There has been a plethora of interesting cases streaming out of the TCC, and the latest instalment from Coulson J is CSK Electrical v Kingswood Electrical. Continue reading

iStockphoto
REUTERS | iStockphoto

Life as an adjudicator can be hard sometimes, what with all the jurisdictional challenges flying around. Questions about who we know, who we don’t know, who we’ve spoken to (or not) and who’ve we’ve done business with over the last few years. However, one thing you might think was a sure-fired bet was your appointment and the rules governing that appointment. However, as HHJ Havelock-Allan QC’s judgment in Ecovision Systems Ltd v Vinci Construction UK Ltd demonstrates, not even that is guaranteed. Continue reading

Carlo Allegri
REUTERS | Carlo Allegri

Leo Tolstoy, War and Peace:

“Writing laws is easy, but governing is difficult.”

It is less than six weeks to the general election. While the media’s current focus is on the live TV debates and who will take part and when, quietly in the background the government has been getting its house in order. This has resulted in a plethora of legislation making it on to the statute books ready for purdah. There was also the budget this month, although not many new announcements were included for the construction industry. Continue reading

Beawiharta
REUTERS | Beawiharta

By now many of you will have read the most recent instalment in the battle between Gary Paice and Kim Springall (property developers), and MJ Harding (building contractor). In Paice and another v MJ Harding, Coulson J concluded that a fair-minded observer would consider that there was a real possibility that the adjudicator, Mr Sliwinski, was biased as a result of his failure to disclose conversations with one of the parties, his misleading answers to emails when asked about those conversations and the tone and content of his explanations and witness statements in the associated enforcement proceedings.

Much has already been written about Coulson J’s conclusions and Richard Sage’s blog is thought provoking. However, rather than give you my views on the apparent bias point, I want to look at two other issues:

  • Coulson J’s conclusion that there was a substantial overlap between the adjudication Mr Sliwinski decided and a previous adjudication decided by Mr Linnett, such that Mr Sliwinski did not have jurisdiction.
  • Coulson J’s statement that, “Everyone in the construction industry knows that contractor’s claims are usually overstated”.

Continue reading

Kim Kyung-Hoon
REUTERS | Kim Kyung-Hoon

When entering into contracts in the UK, most parties will understand that there are time limits under UK law within which they must bring a claim under the contract. There are also time limits for the bringing and defending of claims under UAE law.

However, parties contracting in the UAE may not be aware that both the type of claim and the time period are rather different to those that apply in the UK jurisdiction. In this blog we consider some of these differences. Continue reading