5 Nov 2021GREATER GLASGOW HEALTH BOARD v MULTIPLEX CONSTRUCTION EUROPE LTD
It would not be impossible for all the issues in the employer’s defects claim against the contractor and its consultants to be resolved by the adjudication process where they were alleged to be jointly and severally liable and where there could be multiple adjudications with the risk of mutually inconsistent decisions
14 Oct 2021G & D BRICKWORK CONTRACTORS LTD v MARBANK CONSTRUCTION LTD
The enforcement proceedings brought by the sub-contractor to enforce the adjudicator’s decision awarding it a fixed sum in respect of unpaid invoices to be paid by the contractor should be struck out pursuant to CPR 3.4(2)(b)
7 Oct 2021JOHN DOYLE CONSTRUCTION LTD v ERITH CONTRACTORS LTD 07/10/2021
The general applicability of the prohibition on an insolvent creditor recovering sums due from a debtor where the parties have claims against each other until an account is taken by way of set off of their mutual dealings to companies in liquidation so as to prevent enforcement of an adjudicator’s award by way of summary judgment
28 Sep 2021QUADRO SERVICES LTD v CREAGH CONCRETE PRODUCTS LTD
The payment dispute referred by the sub-contractor when it claimed the total sum due in respect of three separate payment applications was a single dispute with the result that the adjudicator had jurisdiction
15 Sep 2021CC CONSTRUCTION LTD v MINCIONE
The adjudicator in declining to consider the employer’s defence that it was entitled to set off its claim for liquidated damages against the sum awarded to the contractor was in material breach of the rules of natural justice
7 Sep 2021DOWNS ROAD DEVELOPMENT LLP v LAXMANBHAI CONSTRUCTION (UK) LTD
The adjudicator was in material breach of the rules of natural justice by declining to take into account the employer’s defence with regard to the capping beam which it advanced as a contra charge against the sum claimed by the contractor in respect of its interim payment application.
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.
27 Jul 2021TOPPAN HOLDINGS LTD v SIMPLY CONSTRUCT (UK) LLP
The collateral warranty given by the contractor after practical completion and the carrying out of remedial work under which it warranted that it had carried out and would carry out its obligations under the building contract to the required standard was not one for the carrying out of construction operations
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.
28 Jun 2021MARBANK CONSTRUCTION LTD v G & D BRICKWORK CONTRACTORS LTD
The contractor’s application for injunctions to prevent the adjudications brought by the sub-contractor from proceeding should be refused
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.