Most people would think the answer to this question is “no”. Me too. However, I saw an interesting case report by McGrigors LLP recently, which suggests not everyone thinks the answer is “no”. Continue reading
REUTERS | Ina Fassbender
July 31, 2009
Can you waive your right to adjudicate “at any time”?
REUTERS | Juan Carlos Ulate
Alice Cooper sang “School’s out for summer“. Not only did July mark the start of the school holidays, it also marked the start of the summer vacation for the Royal Courts of Justice. Before the break, the Technology and Construction Court (TCC) had a variety of issues before it: Continue reading
REUTERS | Ronen Zvulun
The adoption of Project Bank Accounts (PBAs) is one of the key elements in the Office of Government Commerce’s (OGC) drive to promote fair payment practices in the construction industry. So, with the draftsmen of the JCT, NEC and PPC2000 contracts vying for the prize of most OGC-compliant standard form, it comes as no surprise that they have all issued specimen PBA clauses for use with their respective contracts.
This post is the first of two examining the PBA documentation issued by the JCT. This week, I consider the format and purpose of the JCT PBA, together with the trust provisions that are intended to protect sub-contractors in the event of contractor insolvency. Continue reading
REUTERS | Eric Thayer
July 29, 2009
Do you want to stay?
At the time of issuing proceedings, the parties may or may not have complied with the Pre-Action Protocol for Construction and Engineering Disputes (Protocol). Limitation issues, for example, may have prevented compliance. Alternatively, the parties may just not have entered into the spirit of the Protocol. Continue reading
REUTERS | Ognen Teofilovski
July 28, 2009
Ask the Team: What is the Joint Fire Code?
We received a query from a subscriber asking what the Joint Fire Code was and whether we had more information on it. Continue reading
REUTERS | Fayaz Kabli
July 24, 2009
July round-up: what’s happened so far in 2009?
At the beginning of the year I wrote about some of the things I’d like to see in 2009. Just over half way through the year, I thought it was time to review that list, to see where we are. Continue reading
REUTERS | Adrees Latif
July 21, 2009
UK Climate Projections 2009
On 14 July 2009, PLC Construction attended a conference entitled “What does climate change mean for construction?”, organised by the Construction Industry Research and Information Association (CIRIA) and sponsored by Defra.
At the conference a representative from UK Climate Impacts Programme (UKCIP) introduced UK Climate Projections 2009 (UKCP09), its latest climate predictions for the UK during the 21st century. Continue reading
REUTERS | Jumana ElHeloueh
July 20, 2009
No withholding notice – no chance?
We have continuously been told that if you fail to issue a valid withholding notice, you have to pay the sum which is due and you have lost your right to set-off and generally argue anything to the contrary.
That is certainly true in cases concerning interim certificates and adjudication (where the adjudicator’s decision is only temporarily binding), but is it always the case? Is the answer so black and white? Certainly, having read Mr Justice Coulson’s recent judgment in Fitzroy Robinson Ltd v Mentmore Towers Ltd, I think there are some shades of grey. Continue reading
REUTERS | Navesh Chitrakar
July 17, 2009
Adjudication – your flexible friend
Adjudication can be a very flexible process, despite the prescriptive nature of the Construction Act 1996 and the Scheme for Construction Contracts 1998. Provided both parties agree, the timetable can be adapted to suit the parties and, in some instances, the adjudicator. This flexibility can apply to any aspect of the process, including the conduct of the adjudication. It can even extend to how the adjudicator delivers his decision. Continue reading
REUTERS | Lisi Niesner
July 15, 2009
For the sake of completion…
Current market conditions mean there may be valid commercial reasons why a developer may not want to build out a development. Equally, there may be valid commercial reasons why a purchaser may not want to continue with its purchase of a completed development. This issue was the focus of a recent case, Menolly Investments 3 SARL v (1) Cerep SARL (2) Menolly Homes.
