In this article Fenwick Elliott Partner, Jon Miller reviews a recent High Court case which has highlighted why applications for payments really do need to be correct.
Why Applications for Payment really do have to be correct …
Click to download PDF"TeCSA Low Value Dispute Adjudication Service (LVDs)"
Simon Tolson, Honorary President of TeCSA discusses the launch of a six month Low Value Dispute pilot, to be trialed by the TeCSA Committee.
"The New 2017 FIDIC Red, Yellow and Silver Books"
This presentation by Nicholas Gould, Partner, delivered to the Society of Construction Law (Gulf) in Dubai, focused on the new FIDIC releases.
"Adjudication Board"
Simon Tolson, Senior Partner, discusses the key characteristics of an effective Adjudicator including attributes and skills and ANB Evaluation Processes from TeCSA point of view.
"Adjudication costs: the law of diminishing returns?"
Claire King’s Insight Article on Adjudication Costs has now been published by the Institute of Civil Engineers in their publication Construction Law Quarterly (Management, Procurement and Law, Volume 170 Issue MP2). The article examines the various, and ever more inventive, arguments that parties have sought to raise in an attempt to recover their adjudication costs in recent years.
“Case law update – Adjudication”
Victoria Russell provided a case law update paper and talk to the members of the South East branch of the Chartered Institute of Arbitrators discussing the most recent decisions relating to adjudication enforcement and arbitration.
Meaning of “construction operations”
Restricting or “pruning” the issues in dispute
Contact with adjudicators
Jurisdiction – correct adjudication procedure
Adjudicator appointment process
Enforcement
Liquidated damages
Payless Notices and Insolvency
Contracts for construction operations
Paying the Adjudicator’s Fees
Order for delivery up of documents
Payment Principles
Whether previous dispute actually decided
Contract Formation
Same dispute
Delegation of Decision Making Function
More than one dispute
Implied Term where the Scheme could not remedy breach of the HGCRA 1996