11 Aug 2021Corporate AdvisoryWhen is a Collateral Warranty not a Construction Contract?
Collateral warranties are a fact of life in the construction industry. A warranty provides a contractual connection between two parties, primarily to allow a beneficiary of the warranty to sue in the event of a problem. Thus, employers will usually insist on being provided with Collateral Warranties from key sub-contractors on a project, particularly if those key sub-contractors have been involved in providing design.
11 Aug 2021Dispute ResolutionCompulsory ADR Coming To A Court Near You
A Brave New World.
On 12 July 2021 The Civil Justice Council published its long-awaited report on compulsory alternative dispute resolution (ADR). A link to the report can be found below and, spoiler alert, the title gives away the summary and conclusion of the report.
23 Jul 2021Gateley VindenTozer Gallagher LLP joins Gateley Vinden
We are delighted to announce that on 23 July 2021, Gateley Vinden acquired the business and assets of Tozer Gallagher LLP, a leading practice of chartered quantity surveyors and construction consultants.
1 Jun 2021Dispute ResolutionNo win no fee adjudication: Is the current cost of adjudication too high?
There is no doubt about it, adjudication is simply no longer the quick D.I.Y. process that Parliament intended it would be when the original Act was introduced in May 1998. 23 years of legal and practice developments have undoubtedly morphed the process into one which is now, in our view, more like fast-track arbitration. There is also no doubt that these developments have taken their toll and frightened off many a potential claimant from pursuing a resolution of a dispute through the adjudication process.
13 May 2021Dispute ResolutionContractual risk due to Covid-19: Managing your entitlement under NEC4
Our industry has been dealing with the impact of Covid-19 for well over 12 months now. Throughout this period, and notwithstanding the many challenges faced, the UK construction industry has been like a beacon of light in its response to the pandemic. Now that the dust has begun to settle, I feel now is the ideal time to reflect on the lessons learnt over the past 12 months and to review the contractual risk of Covid-19 going forward.
30 Apr 2021PRATER LTD v JOHN SISK & SON (HOLDINGS) LTD
The adjudicator’s decision in the previous adjudication remained binding on the parties and consequently in any subsequent adjudication, including the later adjudication unless and until successfully challenged before the court pursuant to clause W2.3(11) of NEC3
30 Apr 2021DELTA FABRICATION & GLAZING LTD v WATKIN JONES & SON LTD
The two sub-contracts were not amalgamated into one contract by the contractor making an offer to do so by issuing a payment notice relating to both sub-contracts which was accepted by the sub-contractor issuing a request for payment as one payment application relating to both the sub-contracts
26 Apr 2021Dispute ResolutionInsolvent Claimants and the right to adjudicate in Construction Contracts
In September 2010 the Society of Construction Law published a paper called Using Adjudication to Resolve Disputes when one of the Parties is Insolvent (D112). Those of you with long memories may recall that I was the author of that paper. I wrote the paper out of academic interest and because at the time my firm was acting for a significant number of Administrators and Liquidators of claimant companies in disputes where Respondents were effectively taking advantage of our client’s insolvent status to deny our clients the right to payment of sums properly due to them.
22 Apr 2021Dispute ResolutionRefuse to mediate? Don’t be surprised by the consequences!
Unless you have been living in a distant galaxy and have only just arrived on planet Earth you will know that there is a long history of reported cases in which parties, who have refused to engage in mediation without a very good reason indeed, have been routinely punished by the courts when it comes to dealing with costs. To be clear, having a very strong belief in the merits of your case is simply not a good enough reason to refuse to mediate.
31 Mar 2021TRANSPORT FOR GREATER MANCHESTER v KIER CONSTRUCTION LTD
The notice of dissatisfaction sent by the responding party’s solicitors to the referring party’s solicitors’ address which had been notified for receiving communications in the adjudication was valid despite not being in accordance with the specified means of communication
22 Feb 2021MOTACUS CONSTRUCTIONS LTD v PAOLO CASTELLI SPA
The adjudicator’s award should be enforced summarily despite the sub-contract providing that all disputes as to the validity, execution, performance, interpretation or termination of the sub-contract were to be submitted to the exclusive jurisdiction of the courts of Paris, France
11 Feb 2021FIELD SYSTEMS DESIGNS LTD v MW HIGH TECH PROJECTS UK LTD
The employer’s contention that the adjudicator failed to exhaust his jurisdiction by not dealing in his decision with its “Subcontract/JV” point advanced by it in the adjudication hearing by way of defence should be rejected