Like many adjudicators, in the current climate I am concerned that parties may go bust and I will not get paid. I have already experienced one or both parties going bust after the decision has been delivered, and I haven’t been paid. Being entitled to a few pence in the pound in the insolvency doesn’t really help pay the bills! Continue reading
It can be of no surprise that in the recent decision of PT Building Services Limited v ROK Build Limited [2008] EWHC 3434, Ramsey J held that a contractor could not both “approbate and reprobate” an adjudicator’s decision.
I recently gave a lecture to a group of construction industry professionals on legal developments in 2008. The case that caused most debate was Alan Auld Associates Ltd v Rick Pollard Associates and another [2008] EWCA Civ 655.
Termination for repeated non-payment
That case concerned a consultant (Dr Pollard) working for a contractor, who in turn was charging their client for Dr Pollard’s services. The case is about whether you can determine a contract for continual late payment (as opposed to non-payment), even in the absence of an express power to do so. Continue reading
The seventh list of amendments to the LDEDC Bill 2008, which amends the Construction Act 1996, were published today (the next Grand Committee hearing is tomorrow). Continue reading
I have recently read Ramsey J’s judgments in OSC Building Services v Interior Dimensions and PT Building Services v ROK Build in adjudication enforcement proceedings and I was intrigued by what I read. I think we may be witnessing a move away from the court’s strict interpretation of what constitutes “the dispute” referred to adjudication. Continue reading
At the moment, we are seeing three clear trends emerge in the way the Technology and Construction Court (TCC) is dealing with adjudication business, each of which is lead by one of the TCC judges: Continue reading
In the recent case of Balfour Beatty v Modus Corovest an employer argued that a contractor needed to issue a withholding notice if it did not intend to pay liquidated and ascertained damages (LADs) claimed by the employer. As far as we are aware this is the first time that such an argument has been raised.
Much has been written in recent months about the proposed amendments to the Construction Act 1996. It is not yet clear how many of these amendments will survive the next stages of the legislative enquiry.
A coalition of politicians and industry trade bodies has launched the “Get Britain Building” campaign. The campaign promotes a ten point plan: Continue reading
Adjudication is generally a non-binding interim process which leaves the door open to finally deciding the dispute by litigation or arbitration. Effectively then, a party can lose a battle but ultimately win the war.
