June 2009

Jeremy Glover, in a paper prepared for the Adjudication Society newsletter, discusses the latest challenge to adjudication decisions being made by the losing party - namely to challenge the validity of the decision itself. The paper looks at a number of recent cases including, Thermal Energy Construction Ltd v AE & E Lentjes UK Ltd, HS Works Ltd v Enterprise Managed Services Ltd and Quartzelec Ltd v Honeywell Control Systems Ltd.

23 April 2009

Ted Lowery, in a paper prepared for the 15th Fenwick Elliott Construction Law Update Seminar held at Simpsons in the Strand, London and in response to the proposed changes to the Housing Grants Act about oral contracts, explains the fundamental requirements of a building contract. In doing so, he focuses on the typical situation parties find themselves in when it is not clear whether some or all the terms have been agreed or even whether a contract has actually been formed.

23 April 2009

Karen Gidwani, in a paper prepared for the 15th Fenwick Elliott Construction Law Update Seminar held at Simpsons in the Strand, London, reviews a number of practical points a party should bear in mind when adjudicating. Karen, using examples taken from her own experiences, looks at the steps you need to consider when preparing for an adjudication, highlights the best way to proceed during the adjudication process itself and asks how to make the most of the adjudication decision, once it is received.

23 April 2009

Barry Hembling, in a paper given at the 15th Fenwick Elliott Construction Law Update Seminar held at Simpsons in the Strand, London, reviews the key adjudication issues that have arisen over the past 12 months. He looks at whether jurisdictional challenges are becoming more difficult, discusses whether it is possible to sever different strands of an adjudicator’s decision, reviews challenges to decisions on the grounds of the adjudicator’s failure to consider evidence and concludes by asking whether the grounds available to unsuccessful parties to challenge an adjudicator’s decision are narrowing.

17 October 2008

Victoria Russell in a paper given to the Sweet & Maxwell Construction Law 2008 Conference, discusses the progress of the Government's proposed reforms to the adjudication legislation and considers a number of recent adjudication enforcement cases from the courts, including the decisions in Cantillon v Urvasco, Ledwood v Whessoe Oil, Makers v The London Borough of Camden and CSE Braehead Leisure v Laing O'Rourke. Victoria also looks in detail at the question of whether it is possible to withhold liquidated damages from an adjudicator's decision. Finally Victoria reviews the latest cases from the TCC, focussing on cases relating to the Pre-Action Protocol.

11 September 2008

Nicholas Gould, in a paper given at the review of the proposed Government Reforms to the Housing Grants Act held at King’s College, London, discusses some of the issues that have arisen in respect of the proposed reforms in relation to payment, namely sections 109 to 113 of the Housing Grants Act. In doing so, Nicholas discusses what the original purpose of the payment provisions were and the extent to which the proposed reforms can be said to further those original intentions.