17 October 2008

Victoria Russell in a paper given to the Sweet & Maxwell Construction Law 2008 Conference, discusses the progress of the Government's proposed reforms to the adjudication legislation and considers a number of recent adjudication enforcement cases from the courts, including the decisions in Cantillon v Urvasco, Ledwood v Whessoe Oil, Makers v The London Borough of Camden and CSE Braehead Leisure v Laing O'Rourke. Victoria also looks in detail at the question of whether it is possible to withhold liquidated damages from an adjudicator's decision. Finally Victoria reviews the latest cases from the TCC, focussing on cases relating to the Pre-Action Protocol.

11 September 2008

Nicholas Gould, in a paper given at the review of the proposed Government Reforms to the Housing Grants Act held at King’s College, London, discusses some of the issues that have arisen in respect of the proposed reforms in relation to payment, namely sections 109 to 113 of the Housing Grants Act. In doing so, Nicholas discusses what the original purpose of the payment provisions were and the extent to which the proposed reforms can be said to further those original intentions.

24 July 2008

Jeremy Glover summarises the government's proposed changes to the Housing Grants Construction & Regeneration Act as outlined in the draft Construction Contracts Bill. The proposals include extending section 107 so that the adjudication legislation applies to oral and partly oral contracts and not just contracts evidenced in writing, and the introduction of greater clarity and transparency into the statutory payment framework. The government also intends to improve the statutory right to suspend performance by allowing the suspended party to claim the costs and delay which result from any valid suspension.

23 April 2008

Richard Bailey, in a paper given at the 14th Fenwick Elliott Construction Law Update Seminar, reviews the key adjudication issues that have arisen over the past twelve months including, letters of intent, the basis for recovery of legal costs on enforcement, set off against an adjudicator’s decision and the question of severability.

15 November 2007

Jeremy Glover, in a paper prepared for the Adjudication Society Annual Conference - "Jeux Sans Frontières : International Adjudication and Dispute Resolution", reviews the impact of adjudication in Australia and highlights the difference between the Australian process and adjudication in the UK.

6 October 2007

Jeremy Glover in a paper given to ARBRIX, reviews the adjudication provisions to be found in the NEC3, considers the application of these provisions to London 2012, and, finally, discusses one or two of the more fertile areas for dispute and hence those areas which are likely to feature in any adjudication commenced under the NEC3 contract.