All posts by James

REUTERS | Ricardo Moraes
November 4, 2009

Alleging fraud in adjudication proceedings

In SG South v King’s Head Cirencester & Anor, the contractor sought enforcement of two adjudicators’ decisions under a JCT management form of contract. The subject matter of both adjudications was the enforcement of interim payment certificates in the absence of any withholding notices issued by the employer. In both adjudications, the employer raised a defence of set off that included an allegation of fraud against the contractor. The contractor denied that it was guilty of fraud. The adjudicator decided that the issue of fraud fell outside his jurisdiction and failed to deal with it.

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REUTERS | Arnd Wiegmann
November 4, 2009

Copenhagen: the last chance saloon

As I write this post, there are less than 33 days until the UN-sponsored Copenhagen climate change conference begins, where world leaders will meet to thrash out a successor to the Kyoto protocol. Gordon Brown recently described the conference as the last chance to set the course for a reduction in carbon dioxide (CO2) emissions for the next 50 years:

“If we do not reach a deal this time, let us be in no doubt – once the damage from unchecked emissions is done, no retrospective global agreement in some future period can undo that.” Continue reading →

REUTERS | Jason Lee
October 21, 2009

FIDIC or IChemE, which is best for your project?

Choosing the right form of contract is fundamental to the success of any project, particularly if the parties are contracting outside their own jurisdictions. The FIDIC forms were traditionally the contracts of choice for international projects. However, since the IChemE published its International Suite of Contracts almost two years ago, parties need to consider whether FIDIC or IChemE offers the most appropriate contract for their particular project.

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REUTERS | Brian Snyder
September 30, 2009

A mere technicality?

The TCC takes a robust approach to enforcing adjudicators’ decisions and a dim view of parties “simply scrabbling around to find some argument, however tenuous, to resist payment” (Chadwick LJ, Carillion Construction Ltd v Devonport Royal Dockyard). However, a technical breach by one of the parties can result in the court declining to enforce an adjudicator’s decision. Often, the “technicality” is raised at a late stage and can sometimes appear to be the result of a “scrabbling around” exercise.

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REUTERS | Jose Miguel Gomez
September 28, 2009

Right, wrong, creative or delusional?

…or how do we make a decision and how do we know we are right?

There is a story about a student taking an exam at a university. He calls over the invigilator and says “I’m not trying to be funny, but the questions are the same as last year.” The invigilator replies: “Yes, but the answers have changed.” Continue reading →

REUTERS | Jason Lee
September 15, 2009

The Olympic Park: something to sing about in these otherwise depressed times

Last week, those participating in TeCSA’s technical training course, “Building Stadia: from the start to the finishing line!” were extremely fortunate to be given the opportunity to tour the Olympic Park. This included being taken into the bowl of stadium itself and driving up the 100 metre “track”!

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REUTERS | Ricardo Moraes
September 14, 2009

Another fine mess you’ve got me into: can you pass on a criminal fine in a contract?

There is a legal textbook which illustrates the varying tests of responsibility in relation to a glass of water falling off a table.

  • Deliberate act – a man hits the glass with a baseball bat and it falls to the ground and smashes.
  • Recklessness – the man is dancing wildly around the room and knocks the glass off the table with a high kick.
  • Negligence – the man is sitting at the table having an animated conversation and knocks the glass over with his elbow.
  • Strict liability – the man is lying on the floor asleep at one end of the room. The glass is on a table at the other end of the room and it falls off for no apparent reason.

I suppose that the more imaginative amongst you might argue that the last example may well qualify as force majeure, but let’s not overcomplicate this… Continue reading →

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