Monthly Archives: December 2010

REUTERS | Lee Jae-Won

Construction projects nearly always involve a number of parties. For example, in addition to the employer and the contractor, most projects include the services of consultant engineers and architects, with various sub-contractors engaged along the contractual line. Sometimes there are funders and developers too. Therefore, it is not unusual for disputes to arise between a number of different parties and for one party to find itself “stuck in the middle”, defending claims while, at the same time, seeking to pass on liability to others further down the contractual chain.

This is exactly what happened to the M&E sub-contractor on the fit-out works at Linklaters’ office premises. Continue reading

REUTERS | Sukree Sukplang

A few weeks ago, I wrote about the timing of when adjudicator’s fees start being incurred. John Redmond commented on my piece, but one thing neither of us mentioned is which party should bear the liability for the adjudicator’s fees incurred specifically on an unsuccessful jurisdictional challenge.

We can look at this question in nice, easy stages. Continue reading

REUTERS | Carlos Barria

The existence of section 12 of the Party Wall etc. Act 1996 (PWA) is often overlooked and yet its importance should not be. It confers on both a building owner and an adjoining owner the right, in certain circumstances, to require the other to give security for the expenses that may be incurred when works are carried out on their land or to their property.

Continue reading

REUTERS | Brian Snyder

An adjudicator cannot determine a dispute which is the same, or substantially the same, as one which has been decided in a previous adjudication. When faced with such a claim, an adjudicator should resign. If he issues a decision, the decision will be unenforceable, as he had no jurisdiction to issue it. It is a matter of fact in each case, whether or not the dispute is the same as that from a previous adjudication, so in certain cases, the answer to the question may not be obvious, even if the principle is.

Continue reading

Share this post on: