Now that some dust has settled on the Court of Appeal’s decision in Gosvenor v Aygun, it seems appropriate to consider where we are with fraud and stays in the context of adjudication enforcement. Continue reading
REUTERS | Thomas Mukoya
December 19, 2018
Fraud, stays and adjudication enforcement following Gosvenor v Aygun
REUTERS | David Mdzinarishvili
December 18, 2018
With friends like these…Burgess v Lejonvarn: Christmas cheer for construction professionals
As we all get into the festive spirit you may well find yourself chatting to family or friends about their latest project. Some may ask for your opinion or advice. But don’t get carried away; remember the cautionary tale of Burgess v Lejonvarn before offering any free advice. Continue reading
REUTERS | Michaela Rehle
December 17, 2018
Mediation update: a reminder and what may change soon
The Final Report of the ADR working group of the Civil Justice Council is out. Parties will wish to note what it says about the forms of ADR, awareness and unreasonable refusal. Here are some of the highlights. Continue reading
REUTERS | Navesh Chitrakar
December 12, 2018
Fitness for purpose again: beware the lack of contract terms
In Williams Tarr Construction Ltd v Anthony Roylance Ltd and another, the TCC considered a construction company’s breach of contract and breach of warranty claim against an engineer for the defective design of a retaining wall. Continue reading
REUTERS | Stephen Hird
“You can’t always get what you want, but if you try sometimes you might find you get what you need.” Or so the song goes. It’s good advice in the run-up to Christmas, lest a lovingly gift-wrapped jumper fails to meet with your immediate approval.
So, as the festive season looms, what goodies are stacked in the aisles of the Construction Land Pop-up Store? And which of them is worth snapping up for our significant others (I’m thinking here of clients and contractors)? The choice is legion, so I shall pick out only a few of my favourite things. Continue reading
REUTERS | Kim Hong-Ji
December 11, 2018
My adjudicator mentoring scheme
Earlier this year, I wrote about how I thought it was time for some form of mentoring or shadowing scheme to be introduced to enable budding adjudicators to gain exposure to the practical and real-life issues that adjudicators experience and to be able to discuss those issues as part of their development.
I referred to the difficulties for individuals in gaining the experience they need, and drew an analogy with the chicken and egg:
“… gaining admission onto the adjudicator panels or getting your first appointment is even more difficult than it was 20 years ago. This is reflected in the fact that some panels require applicants to have sat as an adjudicator and produced, say, three decisions before they will be considered for inclusion. “
If you are not on a panel, how to do you get experience? If you are inexperienced, how do you get nominated? In those circumstances, what chance do you have of producing a decision (let alone three) that would allow you to be considered for inclusion? Continue reading
REUTERS | Paulo Whitaker
December 5, 2018
Nottingham Forest 1 – 0 Entire Agreement
A recent decision from the Chancery court offers some helpful guidance on the interaction between entire agreement clauses and claims for misrepresentation. Many practitioners may be under the impression that an entire agreement clause has the effect of defeating a claim in misrepresentation. However, this case shows that is not necessarily the case.
If parties wish to exclude the right to claim for misrepresentation, clear language to that effect will be required. While Al-Hasawi v Nottingham Forest Football Club Ltd [2018] EWHC 2884 is not a change to the law, it is a helpful reminder of how these clauses are interpreted. Continue reading
