I haven’t used a song reference on the blog for a long time, but Queen’s Another one bites the dust seems apt in the circumstances after the latest in a long line of high-profile company insolvencies in the construction sector. This one, reported at the end of last week, affects the Doyle Group.
In Merit Process Engineering v Balfour Beatty Engineering Services, Edwards-Stuart J considered Balfour Beatty’s application to stay TCC proceedings. Balfour Beatty relied on CPR Part 62.3(2) and section 9 of the Arbitration Act 1996, and argued the parties’ contract incorporated an arbitration clause.
The case underlines the importance of ensuring that the necessary terms of an intended contract, in particular the price, are agreed between parties in order for a contract to be concluded. Continue reading
In Kazeminy v Siddiqi, a “full and final settlement” wasn’t so final. It’s a valuable reminder of the first rule of settlement.
I appreciate that I said in my last blog that I would follow up with practical tips concerning loss and expense claims, however since then a couple of interesting cases have emerged from the TCC so the practical tips will have to wait for another week.
One is WW Gear v McGee Group, which is another case where a party made a Part 8 application during the course of an adjudication. Continue reading
This summer marks the first anniversary of the coming into force of the Bribery Act 2010 in the UK. Many contractors and others within the construction and infrastructure sectors have reviewed their compliance systems since the introduction of the Bribery Act.
With the emphasis in the Government Guidance on taking a risk-based approach, how might organisations use anti-corruption clauses effectively in their contracts with their supply chain and sub-contractors? What level of protection is provided by such clauses? Where are the potential pitfalls?
I really thought we’d seen everything that adjudication could throw up, with all the legal twists and turns of the last 14 years, and then along comes another judgment to catch us all off-guard. While this case may only affect practitioners in Scotland, I think it is still worth mentioning, if only for the surprise factor. I am, of course, referring to Lord Malcolm’s judgment in Whyte & Mackay v Blythe & Blythe.
Subscribers have recently asked two related questions about starting an adjudication:
At a recent conference, I was asked to sit on a panel to discuss time and money claims. Each panellist was asked to give a short talk on the subject from the perspective of our backgrounds, and I therefore gave mine from the tribunal’s perspective. Given that I only had ten minutes, I focused on practical tips for assisting the tribunal when making or defending a time or money claim.
While many of the tips were quite obvious, it’s surprising how many time and money claims fail due to a lack of appreciation of the basics, so I thought I’d share some tips concerning extension of time claims. Continue reading
Good quality and available infrastructure is a key component of economic growth. Indeed, the government is currently looking at increasing its spend on infrastructure as a key component of its strategy for UK growth.
However, what is the future of long term project financing for UK infrastructure projects, especially given the global financial crisis and the limited ability of banks to provide long term financing going forwards, through upcoming regulatory changes? Could the lack of long-term project finance debt have come at a worse time for the government? Continue reading
The law regarding the enforcement of adjudication decisions has been relatively settled for some time. Regular readers of the PLC blogs will be familiar with the basic concepts. Time and time again decisions from the courts have confirmed that, so long as an adjudicator asks himself the correct questions, acts within his jurisdiction and manages to keep on the right side of the rules of natural justice, his decision will be enforced, even if it is actually wrong in law or in fact.
Having said all that, it’s still possible for a surprising decision to come along every once in a while. This post looks at just such a surprise.