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.
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.
24 Sep 2020Gateley VindenNew Key Appointment
We are excited to welcome Christopher Green to Gateley Vinden as Director responsible for our Building Consultancy services across all offices.
24 Sep 2020Gateley VindenFramework Success
Gateley Vinden are delighted to announce we have been successful in being appointed to the Procure Partnerships (Professional Services) Agreement
7 Sep 2020Corporate AdvisoryLinking Payment Conditions to Invoices
Peter Vinden, chief executive of Gateley Vinden, explores the construction industry’s fixation with invoices and the subject of payment
20 May 2020Dispute ResolutionA Brave New World – Video Mediation
As the UK begins its slow journey back to work and becomes accustomed to living and working in a Covid-19 present world, it is no surprise that there has been a surge in disputes and companies looking for restructuring advice.
20 Apr 2020Building ConsultancyThe Coronavirus and the time for completion of construction contracts
As I sit and write this article the UK remains in the grip of a virus that has brought the majority of construction projects to a standstill. Up and down the land Employers, Contractors, Sub-Contractors and Suppliers are reaching into their filing cabinets to search for the contracts they entered into in order to see where they stand. Our telephones have been busy all week with calls from anxious clients.
20 Mar 2020Dispute ResolutionAdjudicators and Allegations of Fraud
Allegations of fraud are not an unusual occurrence during adjudication proceedings. An allegation might be made that a party has fabricated a document, forged a signature, deliberately overstated an application for payment or even arranged for a house break-in, in order to steal key documents that an opponent may intend to rely upon. The list goes on.
16 Apr 2019Dispute ResolutionAdjudicator slips, errors and cock-ups!
I have yet to meet an infallible human being. As all adjudicators are either male, female or gender-neutral human beings (there are no known aliens practising – despite rumours to the contrary) we are all prone to the human condition of making slips, errors and mistakes from time to time. Who was it who said “a man who never made mistakes never made anything” and “to err is human”?
5 Mar 2019Building ConsultancyContractors and Concurrent Delay
If you have read the judgement in North Midland Building Ltd v Cyden Homes Ltd  EWHC 2414 (TCC) you will understand why I and many of my industry colleagues are a little worried about the impact this case will have on our industry.