Mr Justice Akenhead has recently refused an application for summary judgment to enforce an adjudicator’s decision, partly on the basis that the contract was not “in writing”.

At first blush the case appears unremarkable, but the judgment is worth reading as it provides important guidance on what “in writing” actually means. Continue reading →

Well, it looks like we might finally be getting the amendments to the Construction Act 1996 that we were promised by Gordon Brown over four years ago.  After a review by Sir Michael Latham and two consultations, a draft Bill was eventually published by DBERR in July 2008 (July 2008 Bill) (see Legal update).

Many interested parties (such as the Society of Construction Law (SCL), the Technology and Construction Solicitors Association (TeCSA) and the Royal Institute of Chartered Surveyors (RICS)) hurried away to study the July 2008 Bill and prepare their comments.

Continue reading →

If the challenge is made early in the proceedings, before the responding party has incurred substantial costs, then I am more likely to resign.

The recent cases of Birmingham City Council v Paddison Construction Ltd [2008] EWHC 2254 and Benfield Construction Ltd v Trudson (Hatton) Ltd  [2008] EWHC 2333(see PLC’s update), (and the previous case of HG Construction Ltd v Ashwell Homes (East Anglia) Ltd [2007] EWHC 144) have reminded everyone of the dangers of trying to adjudicate the same dispute more than once. Continue reading →

We adjudicators are only human, although sometimes the parties act in a manner that suggests they have forgotten. I would advise the parties to avoid a number of practices or behaviours during an adjudication: Continue reading →