Practical Law

One of the fears relating to adjudication is that a referring party will attempt to achieve success by grinding the responding party down through serial adjudications until it achieves the result it wants or the responding party gives in. In Benfield Construction Ltd v Trudson (Hatton) Ltd, Coulson J issued a clear warning that such … Continue reading Bring it on… bring it all on! The risky strategy of leaving over arguments for another day in serial adjudications →

Staff turnover in the construction industry can be particularly high and finding the right person to give evidence on all issues in a case can sometimes be difficult. Parties are often suspicious when they know there is someone who should be able to give evidence for their opponent, but whom their opponent does not plan … Continue reading When silence is deafening: adverse inferences in relation to absent witnesses →

Since the consequences of failing to serve a valid and timely payment notice or pay less notice can be severe (see ISG Construction Ltd v Seevic College), it perhaps should come as no surprise that in recent cases, there has been increasing attention on the validity of the application for payment because, without this, there … Continue reading The new stomping ground: validity of payment applications →