February 2012
In this paper, Nicholas Gould and Claire King outline guidance on the jurisdiction of the UK construction adjudicator.
Print Articles - Adjudication
-
"A practical approach"
-
"Enforcing a Dispute Board’s decision: issues and considerations"
February 2012
Nicholas Gould, in a paper prepared for the FIDIC Middle East Conference February 2012, considers the Enforceability of a Dispute Boards Decision. The Dispute Adjudication Board under the FIDIC Contract, and operation in particular of Clause 20 of that Contract is considered. The distinction between a Decision that is "final" or "final and binding" is also considered because that distinguishes the pathway to arbitration under the FIDIC Contract. The recent Singapore Decision of PT Perusashaan Gas Negara (Persero) TBK v CLW Joint Operation (High Court of Singapore) is also considered.
-
"Think long and hard about how you spread risk when enforcing an adjudicator’s award"
February 2012
David Toscano considers the use of Conditional Fee Agreements (CFAs) success fees and After the Event (ATE) Insurance in adjudicator enforced proceedings.
-
“Changes to the Construction Act – What do they mean in practice?”
November 2011
In this presentation, David Toscano covers the key changes to the payment and adjudication provisions of the Housing Grants, Construction and Regeneration Act 1996 brought in by the Local Democracy, Economic Development & Construction Act 2009 in October 2011. This includes the expansion of the application of adjudication to oral contracts and a revised payment regime to expand rights to suspend work for late payment.
-
Adjudication caselaw update
22 April 2010
Charlene Linneman, in a paper given at the latest Fenwick Elliott Construction Law Update Seminar held at Simpsons in the Strand, London, reviews the key adjudication issues that have arisen over the past 12 months. These include the use of injunctions to restrain adjudication, fraud, making a jurisdictional reservation and the slip rule. Amongst the cases Charlene considers are Mentmore Towers v Packman Lucas, SG South Ltd v King's Head, GPS Marine Contractors Ltd v Ringway Infrastructure Services Ltd and Anrik Ltd v AS Leisure Properties Ltd.
-
"Adjudication in the credit crunch: how to make the pips squeak"
October 2009
Simon Tolson, in a paper prepared for the 16th Fenwick Elliott Adjudication Update Seminar held at Simpson’s in the Strand, London considers the impact of the economic recession on adjudication. In doing so, he not only discusses the extent to which adjudication is always the right approach in recessionary times, but discusses the risks for all parties to construction contracts caused by cash-flow difficulties, insolvency and falling order books. He ends by setting out a checklist of the key contractual issues you should consider.
Key contact
 | Jeremy Glover Tel: +44 (0)20 7421 1986 jglover [at] fenwickelliott [dot] com (Email Jeremy) |
