Adjudication News Archive

ADR Developments: Ireland Implements a Mediation Directive and Brings Adjudication to the Party

Two bites of the cherry? Not in construction adjudication

Adjudication under the 'new' Construction Act

Construction Act Changes

Focus: Uncertainty about review of adjudicators' decisions clarified - 28 October 2011

Adjudication and conclusivity: enough is enough

The New Construction Act and Costs Recovery In Adjudication

Construction Bites: Adjudicators' conduct - Limits of discretion

Construction Act changes: draft amended Scheme goes before Parliament

04/07/11 Upcoming changes to the law applying to construction contracts

Eversheds' developers and construction e-briefing: Special report on changes to construction contracts

Directors’ Liability: The Case of Directorial Responsibility Following Roberts v Frohlich

Supermarket adjudicator process grinds into gear

Adjudication and Tolent Clauses

The Payment Game - Conserving Your Cashflow in Construction Contracts

Significant Privacy Law Decision from the Alberta Court of Appeal

construction update May 2011 - England

Practical Guide to NEC3 Engineering & Construction Contract - 04/05/2011

Tickets for Wimbledon - Is it Bribery? - 27/04/2011

Sanctions May Be Awarded for Violation of Injunction, Even Absent Infringement

Delay Claims - Is there a future for Apportionment

Changes to the Construction Act: A Brief Guide

construction update April 2011 - England (1)

Construction review 7 - March 2011

La Cour fédérale conclut qu’une question de travail concernant le Conseil de bande Nuu-Chah-Nulth relève de la compétence fédérale

Dispute Resolution in Construction, April 2011

Gary Peters of FTI Consulting discusses adjudicator's decisions

Supreme Court Decides Cullen v. Pinholster

Legal Update :: Building and Construction Industry Security of Payments Act 1999 (NSW)

California Supreme Court Broadens Availability of Insurance Coverage to Adjudicative Administrative Proceedings

construction update March 2011 (England)

OFT Procedural Adjudicator Trial Commences

A review of 2010's patent litigation trends at the United States International Trade Commission

The UK Company Names Adjudicators: success for brand owners?

A - Z of useful adjudication websites

A - Z of useful adjudication websites

A - Z of useful adjudication websites

Change is afoot-a new lease of life for the CCA?

Article Discusses New Regulations Governing Mainland Investments in Taiwan

The Last Hurrah? Seanad passes Construction Contracts Bill 2010 championing prompt payment and adjudication in Ireland

The Last Hurrah? Seanad passes Construction Contracts Bill 2010 championing prompt payment and adjudication in Ireland

The Last Hurrah? Seanad passes Construction Contracts Bill 2010 championing prompt payment and adjudication in Ireland

MacRoberts Construction Law e-update 09/03/11 WHO IS THE CLIENT?

Bad VIBErations: USCIS Announces Beta-Testing of Validation Instrument for Business Enterprises (VIBE) Program

Business Information Update - Issue 8 - 09/03/2011

Legal Alert, March 2011 - OFT publishes Guidance on Competition Act investigation procedures

Questions in the Search and Seizure of Digital Evidence Are Ripe for Answers

Acting pension fund adjudicator emphasizes the need for better communication to retirement fund members

Construction Alert - 28 February 2011

Construction press - take notice

Construction and infrastructure updater

Construction and infrastructure updater

Construction and infrastructure updater

Future changes to the Construction Act: A Brief Guide

Managing the Risk of Sub-Contractor Claims in PFI/PPP Projects

Need to know! NSW SOPA Amendment operates from Monday 28 February 2011

Seventh Circuit Decertifies Class Seeking Injunctive Relief in Insurance Case

MacRoberts Construction Law e-update 07/02/11 CONSULTATION ON SCOTTISH SCHEME LAUNCHED

The Tenancy Deposit Schemes (Scotland) Draft Regulations 2011

Corporate Recovery & Insolvency Update February 2011

Update: construction

TressCox Building & Construction Newsletter: February 2011

Adjudication Applications decided on a basis not contended for by the parties:  Pitfalls for Adjudicators to avoid

Adjudication Applications decided on a basis not contended for by the parties:  Pitfalls for Adjudicators to avoid

Adjudication Applications decided on a basis not contended for by the parties:  Pitfalls for Adjudicators to avoid

Antiquated debt recovery procedure must be abolished

Sweeping Changes to Enforcement of Progress Claims in New South Wales and New Risks for Developers

Securing Progress Payments in the Building & Construction Industry

Amendments to Security of Payment legislation in NSW

Alternative dispute resolution e-bulletin (31 January 2011)

Emails Sent By Employee To Attorney From Company Computer May Not Be Privileged

S. 134, The Mescalero Apache Tribe Leasing Authorization Act

Eighth Circuit Holds Criminal Claim Need Not Allege Loss for Policyholder to Have Defense Coverage, Fact Adjudication Needed on Personal Gain, Dishonesty Exclusions

Take Notice

Construction and Engineering:  How do I ... control adjudication costs?

Construction and Engineering:  How do I ... control adjudication costs?

Construction and Engineering:  How do I ... control adjudication costs?

Construction review 6 - December 2010

Unexpected results – payment in construction contracts

Decisions, decisions.....

Queensland Court of Appeal does away with Doolan and the identical payment claim defence

Bill will help subcontractors secure payments under dispute

L'ordre juridique arbitral : réalité, utilité et spécificité

construction update - December 2010

construction update - December 2010

Publication: Bylined Article-U.S. Project Disputes: Has the Time to Consider Adjudication Finally Arrived?

Publication: Bylined Article-U.S. Project Disputes: Has the Time to Consider Adjudication Finally Arrived?

Publication: Bylined Article-U.S. Project Disputes: Has the Time to Consider Adjudication Finally Arrived?

Construction update - December 2010

Can you succeed in challenging an adjudicator's decision on bias?

Can you succeed in challenging an adjudicator's decision on bias?

Can you succeed in challenging an adjudicator's decision on bias?

Volume 1 - Number 6

Critical Path

The Coalition Government's New Recipe for Food Regulation

Bankruptcy and Pensions: The Law Explained

Talking Point: Engineering and Construction

Talking Point: Engineering and Construction

Talking Point: Engineering and Construction

When is a decision not a decision?

When is a decision not a decision?

When is a decision not a decision?

Introduction to the Construction Adjudication Zone

Introduction to the Construction Adjudication Zone

Introduction to the Construction Adjudication Zone

Building industry dispute provisions – could they be better?

Contracts in Writing

Validity of an adjudication determination: recent decisions in Singapore

Construction Contracts Act review

Using Part 8 to finally determine issues and enforce part only of an adjudicator’s decision

Using Part 8 to finally determine issues and enforce part only of an adjudicator’s decision

Using Part 8 to finally determine issues and enforce part only of an adjudicator’s decision

Oil, Gas & Energy Disputes: Trends in Tough Times

Proposed Amendments to Bankruptcy Laws

PROPOSED AMENDMENT TO THE BANKRUPTCY ACT 1988

Unilateral notice – delay

Supreme Cout's Powers to set aside adjudication determinations

Supreme Cout's Powers to set aside adjudication determinations

Supreme Cout's Powers to set aside adjudication determinations

Building & Construction Newsletter: November 2010

The enforcement of adjudicator’s decisions

“GCC 2010” WHAT CAN WE EXPECT?

A new option to challenge an adjudicator’s decision made under the Security of Payment Act is confirmed

A new option to challenge an adjudicator’s decision made under the Security of Payment Act is confirmed

A new option to challenge an adjudicator’s decision made under the Security of Payment Act is confirmed

When anti-discrimination law impacts on institutional arbitration clauses

Proposed Changes to Bankruptcy Law

English Court of Appeal decision: impact on institutional arbitration clauses

Construction review 5 - October 2010

Loss and expense provisos

Construction and infrastructure updater

Discain Project Services Ltd v Charles Le Quesne (Guernsey) Ltd

Discain Project Services Ltd v Charles Le Quesne (Guernsey) Ltd

Back to the Future? A Shift in the Scope of Challenging an Adjudicator’s Determination under the Building and Construction Industry Security of Payment Act

Public Sector Update - October 2010

Constructing a Resolution

Constructing a Resolution

Constructing a Resolution

Challenging times ahead

Challenging times ahead

Challenging times ahead

Adjudicator Jurisdiction

Adjudicator Jurisdiction

Adjudicator Jurisdiction

Update: construction

The Enforcement of Adjudicators’ Awards under the Housing Grants Construction and Regeneration Act 1996: Part 35

The Enforcement of Adjudicators’ Awards under the Housing Grants Construction and Regeneration Act 1996: Part 35

The Enforcement of Adjudicators’ Awards under the Housing Grants Construction and Regeneration Act 1996: Part 35

The Enforcement of Adjudicators' Awards under the Housing Grants Construction & Regeneration Act 1996: Part 36

Buildlaw Newsletter - Autumn/Winter 2010

Buildlaw Newsletter - Autumn/Winter 2010

Buildlaw Newsletter - Autumn/Winter 2010

Update on e-Stamping – Practical Filing Issues Since Introduction on 1 January 2010

Building and Construction Industry Security of Payment Act 1999 - Change in the Air

Doors edge open for challenges to SOP Act adjudication determinations in NSW

Doors edge open for challenges to SOP Act adjudication determinations in NSW

Doors edge open for challenges to SOP Act adjudication determinations in NSW - Clayton Utz

"The Ninth Circuit holds that courts may not impose limits on FACTA class certification based on disproportionality or the potential for huge statutory damages."

Court affirmed the exclusivity of the statutory procedures under IRO to challenge tax assessment

What constitutes a valid payment notice under the new Construction Act

What constitutes a valid payment notice under the new Construction Act

What constitutes a valid payment notice under the new Construction Act

Further support to limit the 'Rough and Ready Procedure' - Brodyn revisited by the Court of Appeal

Further support to limit the 'Rough and Ready Procedure' - Brodyn revisited by the Court of Appeal

Further support to limit the 'Rough and Ready Procedure' - Brodyn revisited by the Court of Appeal

Newsflash : Judicial Review of Adjudication Determinations - implications of the decision Chase Oyster Bar v Hamo Industries

Newsflash : Judicial Review of Adjudication Determinations - implications of the decision Chase Oyster Bar v Hamo Industries

Newsflash : Judicial Review of Adjudication Determinations - implications of the decision Chase Oyster Bar v Hamo Industries

Construction sector to benefit from Security of Payment reform

Construction sector to benefit from Security of Payment reform

Construction sector to benefit from Security of Payment reform

Building Blocks - September 2010

Building Blocks - September 2010

Building Blocks - September 2010

Contractors giving notice need to ensure they comply precisely with contract requirements in extension of time or loss and expense clauses

Contractors giving notice need to ensure they comply precisely with contract requirements in extension of time or loss and expense clauses

Contractors giving notice need to ensure they comply precisely with contract requirements in extension of time or loss and expense clauses

Adjudicator Bias

Adjudicator Bias

Adjudicator Bias

Construction and infrastructure updater - August 2010

Construction and infrastructure updater - August 2010

Construction and infrastructure updater - August 2010

Proposed changes to adjudication

Proposed changes to adjudication

Proposed changes to adjudication

Adjudicator's appointment and decisions

Adjudicator's appointment and decisions

Adjudicator's appointment and decisions

Construction Newsletter- August 2010

Construction Newsletter- August 2010

Construction Newsletter- August 2010

Construction and Engineering Case Flash: Adjudication - Payment under NEC3

Security for payment: bonds and guarantees – five pitfalls and protection

Security for payment: bonds and guarantees – five pitfalls and protection

Security for payment: bonds and guarantees – five pitfalls and protection

Construction and Engineering Case Flash: Adjudication - Payment under NEC3

Construction and Engineering Case Flash: Adjudication - Payment under NEC3

The latest twist in how the Courts approach concurrent delays

The latest twist in how the Courts approach concurrent delays

The latest twist in how the Courts approach concurrent delays

A Limit to the “Rough and Ready Procedure” – Exercising the adjudication power in good faith and allowing natural justice

A Limit to the “Rough and Ready Procedure” – Exercising the adjudication power in good faith and allowing natural justice

A Limit to the “Rough and Ready Procedure” – Exercising the adjudication power in good faith and allowing natural justice

Denial of natural justice defeats adjudication determination

The timing of an application to an ANB and the late issuing of an adjudicator’s decision

The timing of an application to an ANB and the late issuing of an adjudicator’s decision

The timing of an application to an ANB and the late issuing of an adjudicator’s decision

10 Top Tips To Avoiding Construction Payment Disputes - Fresh Business Thinking

Denial of natural justice defeats adjudication determination

Denial of natural justice defeats adjudication determination

Denial of natural justice defeats adjudication determination

The supervening insolvency of a successful party in adjudication

The supervening insolvency of a successful party in adjudication

The supervening insolvency of a successful party in adjudication

10 TOP TIPS TO AVOIDING CONSTRUCTION PAYMENT DISPUTES - BigNews.biz (press release)

To what extent are Adjudication Determinations under the Building and Construction Industry Security of Payments Act 1999 (NSW) subject to review by the Court?

To what extent are Adjudication Determinations under the Building and Construction Industry Security of Payments Act 1999 (NSW) subject to review by the Court?

To what extent are Adjudication Determinations under the Building and Construction Industry Security of Payments Act 1999 (NSW) subject to review by the Court?

Adjudication - Be careful what you wish for!

Adjudication - Be careful what you wish for!

Adjudication - Be careful what you wish for!

Construction and engineering update

Inform: Construction & engineering (June 2010)

Inform: Construction & engineering (June 2010)

To what extent are Adjudication Determinations under the Building and Construction Industry Security of Payments Act 1999 (NSW) subject to review by the Court?

To what extent are Adjudication Determinations under the Building and Construction Industry Security of Payments Act 1999 (NSW) subject to review by the Court?

To what extent are Adjudication Determinations under the Building and Construction Industry Security of Payments Act 1999 (NSW) subject to review by the Court?

The need for restraint

The need for restraint

The need for restraint

Building Blocks - June 2010

Building Blocks - June 2010

Building Blocks - June 2010

Changes to the Construction Act and the Scheme - a quick round-up

Changes to the Construction Act and the Scheme - a quick round-up

Simcorp fails to tackle the Gold Coast Titans

Simcorp fails to tackle the Gold Coast Titans

Simcorp fails to tackle the Gold Coast Titans

Simcorp fails to tackle the Gold Coast Titans

Adjudicator's Award - Is it worth the paper it's written on?

Adjudicator's Award - Is it worth the paper it's written on?

Adjudicator's Award - Is it worth the paper it's written on?

Adjudicator's Award - Is it worth the paper it's written on?

Construction and infrastructure updater - May 2010

Construction and infrastructure updater - May 2010

Construction and infrastructure updater - May 2010

Construction and infrastructure updater - May 2010

Adjudication rights under The Construction Act - its all or nothing

Adjudication rights under The Construction Act - its all or nothing

Adjudication rights under The Construction Act - its all or nothing

Adjudication rights under The Construction Act - its all or nothing

Letters of intent and contract formation

Letters of intent and contract formation

Letters of intent and contract formation

Letters of intent and contract formation

Titans get up over Simcorp in the game of two halves - 21 May 2010

Titans get up over Simcorp in the game of two halves - 21 May 2010

Titans get up over Simcorp in the game of two halves - 21 May 2010

Titans get up over Simcorp in the game of two halves - 21 May 2010

The interpretation of exclusion provisions found in Section 105 (2) of the HGCRA

The interpretation of exclusion provisions found in Section 105 (2) of the HGCRA

The interpretation of exclusion provisions found in Section 105 (2) of the HGCRA

The interpretation of exclusion provisions found in Section 105 (2) of the HGCRA

Public Sector Update - May 2010

Public Sector Update - May 2010

Public Sector Update - May 2010

Public Sector Update - May 2010

Conflicting interim payment provisions - Can a losing party withhold payment following an adjudication where it wants to challenge the decision?

Construction Update

Conflicting interim payment provisions - Can a losing party withhold payment following an adjudication where it wants to challenge the decision?

Conflicting interim payment provisions - Can a losing party withhold payment following an adjudication where it wants to challenge the decision?

Construction Update

Construction Update

Conflicting interim payment provisions - Can a losing party withhold payment following an adjudication where it wants to challenge the decision?

Construction Update

Dualcorp extended: new authority on reagitated claims: AE&E Australia P/L v Stowe Australia P/L [2010] QSC 135

Dualcorp extended: new authority on reagitated claims: AE&E Australia P/L v Stowe Australia P/L [2010] QSC 135

Court amends interest and adjudication provisions in construction contract

Dualcorp extended: new authority on reagitated claims: AE&E Australia P/L v Stowe Australia P/L [2010] QSC 135

Court amends interest and adjudication provisions in construction contract

Court amends interest and adjudication provisions in construction contract

Dualcorp extended: new authority on reagitated claims: AE&E Australia P/L v Stowe Australia P/L [2010] QSC 135

Court amends interest and adjudication provisions in construction contract

Discusses the courts’ approach to challenges to adjudicators’ decisions

Discusses the courts’ approach to challenges to adjudicators’ decisions

Discusses the courts’ approach to challenges to adjudicators’ decisions

Discusses the courts’ approach to challenges to adjudicators’ decisions

A lot of effort, but little to show for it

A lot of effort, but little to show for it

A lot of effort, but little to show for it

A lot of effort, but little to show for it

Legal Changes Affecting Construction Contracts on the Horizon

Legal Changes Affecting Construction Contracts on the Horizon

Legal Changes Affecting Construction Contracts on the Horizon

Legal Changes Affecting Construction Contracts on the Horizon

Discusses Tolent Clauses

Discusses Tolent Clauses

Discusses Tolent Clauses

Discusses Tolent Clauses

Jurisdictional Error May Once Again be Enough to Challenge an Adjudication Determination Under the Building and Construction Industry Security of Payments Act 1999 (NSW)

Jurisdictional Error May Once Again be Enough to Challenge an Adjudication Determination Under the Building and Construction Industry Security of Payments Act 1999 (NSW)

Jurisdictional Error May Once Again be Enough to Challenge an Adjudication Determination Under the Building and Construction Industry Security of Payments Act 1999 (NSW)

Jurisdictional Error May Once Again be Enough to Challenge an Adjudication Determination Under the Building and Construction Industry Security of Payments Act 1999 (NSW)

Consumer Code for Home Builders: A Summary

Consumer Code for Home Builders: A Summary

Consumer Code for Home Builders: A Summary

Consumer Code for Home Builders: A Summary

The dangers of limiting the scope of an adjudication

The dangers of limiting the scope of an adjudication

The dangers of limiting the scope of an adjudication

The dangers of limiting the scope of an adjudication

In praise of doing less: adjudication scheme - Building.co.uk

Contractors pursue Serepisos - Stuff.co.nz

Contractors pursue Serepisos - Stuff.co.nz

Legal update: To what extent are Adjudication Determinations under the Building ¬and Construction Industry Security of Payments Act 1999 (NSW) subject to Judicial Review?

To what extent are Adjudication Determinations under the Building and Construction Industry Security of Payments Act 1999 (NSW) subject to Judicial Review?

To what extent are Adjudication Determinations under the Building and Construction Industry Security of Payments Act 1999 (NSW) subject to Judicial Review?

To what extent are Adjudication Determinations under the Building and Construction Industry Security of Payments Act 1999 (NSW) subject to Judicial Review?

Adjudicator favours Claimant’s Submission over Respondent’s: Not bad faith, just bad luck - 23 Apr 2010

Adjudicator favours Claimant’s Submission over Respondent’s: Not bad faith, just bad luck - 23 Apr 2010

Adjudicator favours Claimant’s Submission over Respondent’s: Not bad faith, just bad luck - 23 Apr 2010

Adjudicator favours Claimant’s Submission over Respondent’s: Not bad faith, just bad luck - 23 Apr 2010

Tolent clauses go and other Construction Act avoidance devices at risk

Tolent clauses go and other Construction Act avoidance devices at risk

Tolent clauses go and other Construction Act avoidance devices at risk

Tolent clauses go and other Construction Act avoidance devices at risk

Former Minister: more detailed research needed before land law changes - The Tribune

Former Minister: more detailed research needed before land law changes - The Tribune

Construction Act: consultation on amending the Scheme starts

Construction Act: consultation on amending the Scheme starts

Construction Act: consultation on amending the Scheme starts

Construction Act: consultation on amending the Scheme starts

All eyes on Brazil 2014

As construction for the 2010 Soccer World Cup in South Africa draws to a close, all eyes in the construction industry move to Brazil. ...

As construction for the 2010 Soccer World Cup in South Africa draws to a close, all eyes in the construction industry move to Brazil. ...

All eyes on Brazil 2014

MJ coulson’s model answer

Making mischief

S G South vs Swan Yard: Enforcement

Amec Group vs Thames Water: Adjudication deadlines

Darling defends credit adjudication service - MicroScope

Tube Lines goes to court over £327m row with London Underground

How the defence went up in smoke

Builders angry at pay ‘abuse’

Taking the law into your own hands

The benefits of adding law to your further training

Construction contracts: Unintended consequences

The road to recovery

Exceptional circumstances: Construction Act

Camillin Denny vs Adelaide Jones: Novation and adjudicator bias

Exceptional circumstances

Get lost, creep

Fenice vs Jerram Falkus: Withholding notices

Controlling adjudication costs: Low-fat legal process

Snow holds up work on 2012 aquatics centre

Mailbox developer must cough up £1.2m in payment dispute

Standard construction and design contracts aim to improve relations and cut costs

The decade from hell: Legal review

Don’t get your suspenders in a twist

Judge warns of surge in enforcements

Payment rules: Financial mechanics

ACE agreements: Altogether now

The Construction Act becomes law but is not yet in force

How I plan to tackle the cowboy builders

Rok Building wins High Court row over unpaid compensation

Pinsent Masons looks at proposed amendments to the Construction Act

Zap! **Kapow** Thwack! - 21/10/2009

Show me the money

UK: 12 reasons why an adjudicator’s decision may fail...

County council counts the cost of late opening of Cambridge Central Library

Adjudication awards: Logical deductions

Subbies win adjudication costs reprieve

Developer wins first round in fight over capital's tram costs

'No win, no fee' service launched for construction disputes

Vision Homes vs Lancsville Construction: Jurisdiction

Westfield fit-out dispute: An everyday story of building folk

Australia: Supreme Court Puts Adjudicators On Notice - HopgoodGanim Lawyers

Atkins and Osborne prepare for £500,000 court battle

Shepherd and McAlpine in payment bust-up...

‘Valid’ doesn’t mean ‘true’: withholding payment

Australia: Decisions Of Interest – Security For Payment - Hunt & Hunt

Eight tips for getting paid

Balfour Beatty merges arms to create UK's biggest m&e firm

Has your dispute crystallised?

Petition filed to wind up property company

Balfour Beatty m&e arm sues Shepherd for £1.4m

Balfour Beatty m&e arm sues Shepherd for £1.4m

Anyone for a free lunch?

Anyone for a free lunch?

Australia: Builder Pays Indemnity Costs For Building and Construction Industry Payments Act (BCIPA) Statutory Demand - Cooper Grace Ward

It's all in the game: Adjudication

Australia: New Victorian Decision On Adjudication Applications - DLA Phillips Fox

What to do if retention return is delayed

What to do if retention return is delayed

Can you take away work for bad performance?

Lord Collins wins argument over commercial contract

A beginners' guide to English: Compact contracts

Asking for the moon: Construction Act changes

Asking for the moon: Construction Act changes

Australia: Security Of Payment Act: How ‘Mandatory’ Are The Mandatory Requirements? - DLA Phillips Fox

Builder's battle to be paid for work on landmark sites in Cirencester

Builder's battle to be paid for work on landmark sites in Cirencester

United Kingdom: The Declining Status Of The Notice Of Adjudication - Shadbolt LLP

Spotting an adjudication: Amec -v- Department of Transport

United Kingdom: Adjudication And Insolvency - CMS Cameron McKenna LLP

United Kingdom: Adjudication And Insolvency - CMS Cameron McKenna LLP

Equal opportunities tribunal proposed

Equal opportunities tribunal proposed

Harrison Clark continues to build up team

Harrison Clark continues to build up team

Coming up