The construction industry has been making the headlines again in the past week, but for the wrong reasons. An investigation by the Information Commissioner’s Office (ICO) has uncovered a database containing details on 3,213 construction workers, which was used by over 40 construction companies to vet individuals for employment. Continue reading


No contract “in writing”: an adjudicator’s view
I was the adjudicator at a mock adjudication hosted by Collyer Bristow recently. The dispute was between a contractor, Q (the referring party) and the employer, L (the responding party). Q claimed L owed it £400,000, which L denied. L argued:
- There was no contract “in writing“, so the dispute could not be referred to adjudication and the adjudicator did not have jurisdiction.
- There was a risk of bias because of an alleged relationship between the adjudicator and Mr Jones, an employee of the referring party.
Sound familiar? This post looks at the “no contract” point. Continue reading

The Government has rejected proposed amendments to the Local Democracy, Economic Development and Construction Bill 2008 (LDEDC Bill 2008) as it completed its committee stage in the House of Lords (see our Legal update). The LDEDC Bill 2008 begins the report stage on 17 March 2009. Continue reading

Mr Oliphant, the Toblerone and the caravan
In the New Year, the Court of Appeal handed down judgment in an obscure dispute between two homeowners and their structural engineer (Penny and Anr v Digital Structures Ltd). While the judgment creates no new law, it highlights some practical issues relating to structural surveys. Continue reading

When will the adjudicator get paid?
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

LDEDC: the merry-go-round of amendments
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

Do deficiencies matter?
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

To boldly go: TCC judges advance adjudication jurisprudence
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

What lies ahead for the Construction Act 1996?
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.

Get Britain Building campaign
A coalition of politicians and industry trade bodies has launched the “Get Britain Building” campaign. The campaign promotes a ten point plan: Continue reading