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.
1 Mar 2019Building ConsultancyGrenfell Tower Fire
The Law of Unintended Consequences - Professional Indemnity Insurance Claims and Rising Premiums
13 Feb 2019Gateley VindenInsolvent Claimants and Adjudication - A Court of Appeal Update
On 24 January 2019 the Court of Appeal handed down an important judgement covering two appeals arising from judgements made in the Technology and Construction Court Division of the High Court (“TCC”).
22 Jan 2019Gateley VindenFinancing UK construction – Earthquakes and tidal waves
A small earthquake hit the British construction industry on New Year’s Eve. Nobody seems to have noticed but a tidal wave is about to hit the UK construction sector in 2019 (and beyond) as a result of this major event. What am I referring to?
19 Dec 2018Gateley VindenDon’t Shoot the Messenger Guidance on the Drafting of Expert Reports
Don’t Shoot the Messenger
Guidance on the Drafting of Expert Reports
11 Oct 2018Corporate Debt AdvisoryA better understanding of contractual debt
As funders, you need to look constantly for ways to grow your own businesses by being more innovative in the types of firms and the nature of collateral you fund.
9 Oct 2018Gateley VindenLiquidators and Adjudication
We all know that, as a consequence of the statutory provision set down in the Housing Grants Construction & Regeneration Act 1996 as amended by the Local Democracy, Economic Development & Construction Act 2009 (“the Construction Act”), a party to a construction contract may refer a dispute to adjudication at any time.
3 Sep 2018Gateley VindenShifting Risk and Liability in Concurrent Delay
If my 33 years' experience of construction projects and receding hairlines has taught me anything, it is that it is rare for a construction project to finish on its planned completion date. Late completion invariably means that both the Employer and the Contractor will incur additional costs and neither will be happy.
27 Jul 2018Gateley VindenTo set-off or not? That is the question
Can a paying party raise a set-off not previously raised in a Payment or Pay Less Notice? The answer appears to depend on whether your contract is subject to English or Scottish law.