Practical Law

Many construction contracts (in common with other commercial contracts) now contain what are known as multi-tiered dispute resolution clauses. By these clauses, the parties agree at the outset on a number of stages of ADR before a party can commence proceedings in respect of a dispute. They can be relatively straight-forward (single-step) procedures that simply … Continue reading Multi-tiered dispute resolution clauses. What are they? Why include them? Are they enforceable? →

A simple question perhaps, but is the answer just as simple? Since the Construction Act 1996 came into force, the general position has been that, unless the parties agreed (either contractually or specifically in relation to an adjudication), that the adjudicator had jurisdiction to determine whether one party would pay the other party’s costs (legal … Continue reading Are adjudication costs recoverable or not? →