Adjudications
Building
Stories with this category.
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Speymill Contracts vs Eric Baskind: The allegation of fraud in adjudication
19 May 10
Following recent cases in the Technology & Construction Court, the Court of Appeal has now confirmed how parties should proceed when allegations of fraud are raised during the adjudication or enforcement process
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Rok Building vs Celtic Composting Systems
14 May 10
Our Fenwick Elliott expert discusses a dispute over the 'slip rule'
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Amec Group vs Thames Water: Adjudication deadlines
31 Mar 10
This case deals with the question of whether an adjudicator should be expected to deal with additional material at the expense of the time limit
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Enterprise vs Tony McFadden: Insolvency
3 Feb 10
Our Fenwick Elliott expert describes a dispute on a pipe repair and maintenance contract
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Camillin Denny vs Adelaide Jones: Novation and adjudicator bias
2 Feb 10
Our Fenwick Elliott expert discusses a dispute on a project in Mayfair
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Fenice vs Jerram Falkus: Withholding notices
19 Jan 10
Our Fenwick Elliott expert reviews a dispute over residential and commercial properties in north London
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Adonis vs O'Keefe: Was there a contract?
19 Jan 10
Our Fenwick Elliott expert discusses whether the acceptance of an order or letter of intent constitutes a contract
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Makers UK vs London Borough of Camden: Case management power
19 Jan 10
Our Fenwick Elliott expert discusses a pair of interlinked adjudications
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Allied vs Paradigm Housing: Was the dispute crystallised?
7 Jan 10
Our legal expert discussed a dispute over payment between a housebuilder and contractor
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Nirah Holdings vs British Agricultural Services and Hanson Building Products: Section 106
29 Dec 09
Our Fenwick Elliott expert mulls over a Section 106 agreement dispute
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JPA Design & Build vs Sentosa (UK): Setting off damages
6 Nov 09
Our Fenwick Elliott expert discusses a dispute over the design and construction of a medical centre
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S G Hart vs the Smiths: Adjudication claims
21 Oct 09
Our Fenwick Elliott expert discusses whether it is possible to set off liquidates damages against a previous adjudication
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A different dispute?: Barr vs Klin Investment UK
5 Oct 09
The factsBarr (“Barr”) entered into a construction contract with Klin Investment UK (“Klin”) for the design and construction of a number of flats in Kilmarnock on 21 February 2005 (the “Contract”). The contract was a construction contract within the meaning of sections 104 and 105 of the Housing Grants, Construction and Regeneration Act 1996 (the “act”).
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Disputes in the UAE: Arbitration options
29 Sep 09
With the number of construction disputes set to double in Dubai this year, Francis Ho guides you through the local options for those who wish to arbitrate their disputes
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HS Works vs Enterprise Managed Services: Multiple adjudications
28 Aug 09
Our Fenwick Elliott expert discusses a case involving two different adjudications and two different adjudicators
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Secrets and lies: Aukett Fitzroy Robinson's fraudulent misrepresentation
17 July 2009
A court has found architect Aukett Fitzroy Robinson guilty of fraudulent misrepresentation for failing to inform its client that a team member had quit
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You'll never walk alone: Representing yourself
3 April 2009
If your recessed budget doesn’t stretch to legal fees and you decide to represent yourself, you should at least go in armed with these expert tips …
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Christopher Michael Linnett vs Halliwells: Adjudicator's fees
2 Apr 09
Can an adjudicator recover fees from a party that raises questions about jurisdiction? Fenwick Elliott discusses
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Bovis Lend Lease vs Trustees of the London Clinic: Loss, expenses and natural justice
13 Mar 09
The facts
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Binding decisions: YCMS vs Stephen and Miriam Grabiner
19 Feb 09
Fenwick Elliott discusses the adjudicator's jurisdiction
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10 ways to avoid dispute in the Middle East
9 Feb 09
The Middle East has traditionally seen few disputes. In boom times contractors have always had alternative ways to recover their losses. But the credit crunch appears to have changed that, and now more disputes are erupting. So, how can disputes be avoided in the present market?Assess the impact of local law on your project
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The judge with a flea in his ear: When costs outweigh damages
5 December 2008
Here’s another case in which the costs by far outweighed the damages, only this time it was a county court judge who took the flak for letting it happen
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Adjudication to recover fees: Wishing you a speedy recovery
10 October 2008
Consultants should be aware of the full range of tools at their disposal for recovering their fees. Adjudication offers a possible alternative to traditional methods
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Pre-action protocol: How not to impress a judge
10 October 2008
The pre-action protocol is a simple, practical measure that’s meant to save money and keep you lot out of court. So don’t go getting too clever about it
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CJP Builders vs William Verry: Some verry fine distinctions
12 September 2008
This case highlights the importance of adjudicators giving parties the chance to be heard. But in other cases they are right to disregard submissions
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Record keeping: The art of self-defence
1 August 2008
Conscientious record-keeping can give you invaluable ammunition should you want to blame others when things go wrong. Worth every dull moment
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Sharpening the knives in Dubai
18 July 2008
Despite the number and scale of construction projects in Dubai, disputes have been few and far between. But several recent changes could set the lawyers’ phones ringing
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A sackload of trouble
2008 Issue 15
Can a party to an adjudication introduce evidence that wasn’t previously disclosed if it fundamentally alters the original claim? The answer used to be no, but a recent judgment may have reversed this
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Splendid isolation
2008 Issue 15
Mediation is an excellent alternative to court proceedings, but these days the two forms of dispute resolution are getting mixed up. Mediation should be left to its own devices
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Adjudication:The dangers of DIY
2008 Issue 8
We must make sure that lay representativaes in adjudication have adequate knowledge of the law and the process
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Adjudication:The glass is half full, Rupert
2008 Issue 8
Rupert Choat cited the number of cases that adjudication has thrown up, listed problems with some grey areas and concluded that the glass was half empty. Here’s the other side of the story
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Keeping mum about mediation
2008 Issue 7
Once upon a time everyone understood that part of what made mediation an ‘alternative’ form of dispute resolution was that the talks remained confidential. Was. Not any more they don’t
