Adjudication News

ADR has become an increasingly important and relevant mechanism for Irish businesses in resolving disputes.  With ever-increasing focus on saving time and money and maintaining business relationships, continuing developments in mediation, prompt payment legislation for construction contracts and the introduction... [Read more]

osborneclarke.com Two bites of the cherry? Not in construction adjudication 1 of 2 © Osborne Clarke January 2012 Publication number 3489318 The recent decision in Carillion Construction Limited v Stephen Andrew Smith [2011] EWHC 2910 (TCC) confirms that you cannot... [Read more]

In this article featured in Construction Law, Vijay Bange looks at the impact of the adjudication impact of the Construction Act.... [Read more]

On 1 October 2011, changes to the Housing Grants, Construction and Regeneration Act 1996 (normally called the Construction Act) came into force. The changes are contained in Part 8 of the Local Democracy, Economic Development and Construction Act 2009 and... [Read more]

Significant uncertainty regarding parties' rights to have an adjudicator's decision reviewed has been resolved, following a recent Western Australia Court of Appeal decision. Partner Stephen McComish, Senior Associate Jeremy Quan-Sing and Law Graduate Samantha Lord report... [Read more]

The Technology & Construction Court (TCC) has made its decision in the case of Jerram Falkus Construction Ltd v Fenice Investments Inc [No 4] . The judgment provides useful guidance on conclusivity provisions in construction contracts relating to final accounts,... [Read more]

Martin Ewen, associate from the construction team at SGH, comments on the new Construction Act which comes into force on 1 October 2011.... [Read more]

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Changes to the Housing Grants, Construction and Regeneration Act 1996 (“the Construction Act”) are due to come into force shortly.  (For an overview of the changes and their impact on standard forms and payment practices please click here . To... [Read more]

The Housing Grants, Construction and Regeneration Act 1996 ( HGCR Act ) has been in force for over 10 years. It is an unusual piece of legislation as it implies terms into (nearly) all written contracts for construction work unless... [Read more]

Special report on changes to construction contracts to come into force on 1 October 2011 The statutory framework that governs all construction contracts is changing on 1 October 2011. Part II of the Housing Grants, Construction and Regeneration Act 1996... [Read more]

ODL was created as a special purpose vehicle by the two directors, Peter Frohlich and Godfrey Spanner, for the sole purpose of acquiring and developing a piece of land... [Read more]

The first, long awaited steps to putting in place the groceries code adjudicator, formerly known as the supermarket ombudsman, were taken on May 24 with the publication of the draft Groceries Code Adjudicator bill. While the move has been welcomed... [Read more]

When the construction sections of the Housing Grants Construction and Regeneration Act 1996 were introduced in 1998, subcontractors gained the right to refer disputes to adjudication with very little risk to themselves. They had the risk that they would lose... [Read more]

It takes astute playing of the payment game to conserve cashflow, reduce financial exposure and manage payment risks in construction contracts. Where payment issues arise, employers, contractors and sub-contractors each have their own positions to stand over... [Read more]

Article Significant Privacy Law Decision from the Alberta Court of Appeal Date May 3, 2011 AUTHOR(s) Geoff R. Hall Kara L. Smyth The Alberta Court of Appeal recently overturned a decision of the Alberta Privacy Commissioner resulting in a significant... [Read more]

This article looks at adjudication and in particular how much influence parties can have over the identity of the adjudicator selected. The recent case of Lanes Group Plc V Galliford Try Infrastructure Limited demonstrates that the use of nominating bodies... [Read more]

A Practical Guide to the NEC3 Engineering & Construction Contract by Michael Rowlinson, has recently been published by Wiley-Blackwell. We do recommend this as essential reading material!... [Read more]

The Bribery Act passed last year has not yet come into force because guidance on how the Act was supposed to work could not be agreed. However last week this was published with a view to implementing the Act in... [Read more]

A unanimous U.S. Court of Appeals for the Federal Circuit revised the two-step test set forth in KMS Fastening Systems for determining when a contempt order is appropriate for an alleged violation of an injunction by a modified product... [Read more]