Articles and Case Updates

6
Apr
2022

Adjudication 101: Commencing an Adjudication

Introduction Our first article in this series explained the background to the statutory right to adjudicate disputes arising under construction contracts. In this piece, we look at the start of the adjudication process and address the practicalities that are frequently stumbling blocks. As is made clear by the typical adjudication timetable included at the end…

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24
Feb
2022

Adjudication 101: Introduction and Overview

Adjudication 101 is a series of four short articles regarding the origins and lifecycle of adjudication. In the series we look at the background to the introduction of adjudication and the adjudication process from commencement up to the adjudicator’s decision. In the first part, Solicitor, Michael Comba, traces the origins of adjudication and considers why…

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25
Nov
2021

You Must Adjudicate First
NEC3 imposes obligation to adjudicate first before commencing court proceedings.

Greater Glasgow Health Board v Multiplex Construction Europe Ltd and others [2021] CSOH 115 The facts The Greater Glasgow Health Board (the Employer) entered into a NEC3 ECC Option C contract (the Contract) with Multiplex (the Contractor) for the construction of a hospital. The Contract included the standard NEC optional dispute resolution clause, W2, which…

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2
Nov
2021

Adjudication and Insolvency; Enforcement Proceedings in the post-Bresco Landscape

The Court of Appeal has provided useful guidance regarding appropriate security arrangements for insolvent claimants in adjudication enforcement proceedings, by upholding the judgment in the recent case of John Doyle Ltd (In Liquidation) v Erith Contractors Ltd[1]. The previous case concerning adjudications involving insolvent parties was Bresco[2],where it was held that an insolvent company has…

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21
Oct
2021

Jumping to conclusions – Final Statements, liquidated damages and material breaches of natural justice
CC Construction Limited v Raffaele Mincione [2021] EWHC 2502 (TCC)

In enforcement proceedings, the court considered the role of the Notice of Completion of Making Good in the JCT in determining due dates for final payment, the conclusivity of the Final Statement, and whether the Adjudicator breached rules of natural justice in failing to consider a defence of set-off. The Facts Mr Mincione (the Employer)…

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21
Oct
2021

Three times one equals one; Several disputed payment applications amount to a single dispute.
Quadro Services Limited v Creagh Concrete Products Limited [2021] EWHC 2637 (TCC)

In enforcement proceedings[1], the court dismissed an Employer’s argument that an adjudicator lacked jurisdiction because the referral concerned three separate payment applications and, therefore, comprised three separate disputes. The Facts Quadro Services Limited (the Contractor) entered into an oral contract with Creagh Concrete Products Limited (the Employer). The Contractor made payment applications throughout the contract…

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10
Mar
2021

Jurisdiction Clauses & Enforcing Adjudication Decisions

Motacus Constructions Ltd v Paolo Castelli Spa [2021] EWHC 356 (TCC) This case confirms adjudication’s status as an interim-binding measure and reinforces its importance as a dispute resolution forum in the construction industry. Background This dispute concerned a contract for fitting-out works at the One Bishopsgate Plaza Hotel in London. While the works were to…

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29
Jan
2021

Deal with the Issues!

Barhale Limited v SP Transmission Plc [2021] CSOH 2 Successful challenges to an adjudicator’s jurisdiction are like buses it seems – you get none for ages and then two come along at once. Following hot on the heels of the Global Switch Estates case we discussed in January comes an interesting decision from the Scottish…

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12
Jan
2021

Global Switch Estates 1 Ltd v Sudlows Ltd [2020] EWHC 3314 – SUMMARY

How far can you limit what’s included in the scope of an adjudication? It is well known that the courts will support the enforcement of an adjudication decision even if the decision is incorrect and resulted from errors of fact or law. The case of Global Switch Estates 1 Ltd v Sudlows Ltd, however, gives…

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20
Nov
2020

New NEC4 Amendments – October 2020

The NEC4 suite of contracts was published in June 2017.  Following publication there has been continuing discussion and feedback from users and industry experts on the new features, forms and changes from NEC3 that were introduced. In response, NEC published a set of amendments to NEC4 in January 2019 and have now issued a second…

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