To answer my own question, “Are dispute boards a viable means of resolving disputes in the UK?”, I’d say yes. Others may disagree, but I’ll explain why I think this.
REUTERS | Bob Strong
REUTERS | Andrew Winning
April 17, 2012
Construction Act 1996 amendments six months on
I realised the other day that it was a little over six months since the amendments to the Construction Act 1996 came into force. I don’t know about you, but it only feels like five minutes since we were reading about the amendments and how they were going to impact on construction contracts and those involved in the industry, not only on how the Act was changing, but also in terms of the impact on payment and the number of otherwise excluded parties who would now be able to use adjudication to resolve their disputes.
But has life really changed and, from my perspective, has life changed for adjudicators? Continue reading
REUTERS | Fabrizio Bensch
According to the Department for Business, Innovation and Skills (BIS), the UK construction industry consists of over 300,000 firms employing over two million people and it contributed 8.3% of the nation’s GVA (Gross Value Added) in 2008. Given its undoubted importance, who is in charge of this important part of our economy? Do we even need somebody at the helm? Continue reading
REUTERS | Mike Hutchings
Work to a privately owned residential property can range from a large, complex project to simple, cheap works. While the underlying issues are often similar to those on other construction projects, the forms of contract can be very different. Continue reading
REUTERS | Fabrizio Bensch
April 10, 2012
Disclosure in adjudication after Walter Lilly v Mackay
In my last blog I talked about Walter Lilly & Company Ltd v Giles Mackay and DMW Developments Ltd, where Akenhead J found that advice given by claims consultants does not attract legal professional or legal advice privilege.
That got me thinking about disclosure and privilege in adjudication proceedings. Disclosure requests are certainly something I’m seeing more and more of, so I thought it would be useful to set out my thoughts on the subject. Continue reading
REUTERS | Eduardo Munoz
April 3, 2012
Less is more in NEC and ICC contracts?
In advance of the amendments to the Construction Act 1996 coming into force in October 2011, the bodies that produce standard forms of contract issued amendments to cater for the Act’s amendments. Some were simply a matter of changed wording (for example, “withholding” changed to “pay less“) but some changes to the NEC and ICC standard forms give rise to some interesting drafting questions.
REUTERS | Toby Melville
April 3, 2012
The vexed question of adjudicators’ fees (part 2)
In my post, The vexed question of adjudicators fees, I discussed ways that the adjudicator and the parties could manage the adjudication process to keep costs down.
That post sets out the background to this issue and refers to the Adjudication Society panel debate, Adjudicator’s fees and the costs of adjudication – over the top?, which was held at the offices of Charles Russell LLP last month.
This post looks at other issues related to adjudicators’ fees, such as the level of fees, the perceived lack of regulation and accountability of adjudicators, and challenging the reasonableness of the adjudicator’s overall fee. Continue reading
REUTERS | Fayaz Kabli
March 30, 2012
March 2012 digest: the environment, the budget and spring
Algernon Charles Swinburne, Atalanta in Calydon:
“For winter’s rains and ruins are over, and all the season of snows and sins; … And in green underwood and cover, blossom by blossom the spring begins.”
March heralds the start of spring. It’s a month that is traditionally associated with the vernal equinox, the move to British summertime and the budget. While everyone welcomes the first signs of spring, less enthusiasm usually surrounds the loss of an hour’s sleep and the budget. This year was no different and while some commentators may have welcomed the government’s plans, those in construction were disappointed, with little to shout about. You can read all about it, including comment from leading practitioners, on PLC’s budget 2012 page. Continue reading
REUTERS | Mike Blake
March 29, 2012
Influencing costs management (before it is too late)
Costs management is just one aspect of Jackson LJ’s extensive civil litigation costs reforms, which are expected to come into effect in 2013. As part of the roll-out of the reforms, Jackson LJ is giving a series of lectures, designed to “explain the reforms and the thinking behind them”. His latest, the thirteenth, focused on the role of IT in the reforms. Continue reading
REUTERS | Aly Song
March 27, 2012
Claims consultants beware
I recently wrote about West Country Renovations v Mr & Mrs McDowell. While it wasn’t strictly necessary for the purposes of the case, Akenhead J produced a judgment providing guidance on the value and types of claims that the TCC in the High Court in London will deal with.
Continuing with the theme of providing helpful guidance, earlier this month Akenhead J produced a judgment following a disclosure application in Walter Lilly & Company Ltd v Giles Mackay and DMW Developments Ltd. The guidance in this judgment will be of particular interest to claims consultants and those that appoint them. Continue reading
