All adjudication articles
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CommentGetting serious on serial disputes
Tony Bingham considers the subtleties of serial adjudications and when an adjudicator is bound by what was decided last time around
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CommentWhen does a party’s insistence on using preferred adjudicators shade into the risk of bias?
When does a party’s insistence on using preferred adjudicators shade into the risk of unconscious or perceived bias?
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CommentThe construction year ahead: what can we expect in 2024?
Sheena Sood previews the year ahead in construction law, with some major legislative, contractual and policy changes looming
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CommentReport on adjudication reveals growing popularity but also demand for change
A new report on statutory adjudication reveals most survey respondents want redacted decisions published and a quarter suspect adjudicator bias
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CommentLet’s pledge to boost women in adjudication
Two new initiatives aim to tackle the problem that women make up only 8% of UK adjudicators
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CommentClarity on time-bars in adjudication
A new ruling sheds light on the Limitation Act’s application to adjudication proceedings
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CommentParty on down: why the Party Wall Act doesn’t stand up
The Party Wall Act is not fit for purpose, as a recent dispute between Dagenham neighbours makes only too clear
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CommentDouble trouble: parallel process and adjudication
A contractor took its subcontractor to court halfway through an adjudication on the same issues. Then things got complicated
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CommentAdjudication: is it time to evolve?
A new report highlights the need for transparency in adjudication decisions as well as more diversity in the profession
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CommentCan collateral warranties be adjudicated?
The case of Abbey vs Simply Construction brought up the question of whether adjudication can apply to a collateral warranty
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CommentHome extension is building too
It’s time to bring domestic dwelling disputes within the adjudication provisions of the Construction Act – this is getting crazy
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CommentIn praise of common sense in litigation
When an adjudicator resigned for pretty sound reasons, the referring party was remarkably determined to avoid paying his bill
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CommentAdjudication can rarely be enforced in insolvency
Julian Critchlow considers the recent appeal ruling in John Doyle, on insolvent claimants’ entitlement to summary judgment to enforce adjudicator’s decisions
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CommentTwenty-five years of adjudication
Theresa Mohammed looks back on a quarter-century of construction adjudication – what’s changed, and has it achieved its aimed?
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CommentOn too great expectations
Tony Bingham on a client who paid dearly for taking her builder’s quote and completion date too literally – with a whole lot of variations on top
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CommentChallenges to adjudication: keep it plain and simple
Any challenge to a purported right to adjudicate must be plain, specific and certain if it is to succeed in court
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CommentHomebuyer surveys: consultants, beware the faults you can’t see
A surveyor who failed to seek certification for a refurbished home has been stuck with massive rebuild costs
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CommentAdjudicate first, litigate after
A Scottish court has upheld the NEC3 provision that makes adjudication mandatory before litigation can be sought
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CommentAdjudicator nomination – an access to justice issue?
A study into industry attitudes on adjudication suggests need for reform of adjudicator nomination and charging models
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CommentA question of scope
A party that wants to limit the scope of an adjudication must be wary of asking questions that accidentally widen the dispute