Latest Dispute Resolution News
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 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”?
1 Mar 2019Dispute ResolutionGrenfell Tower Fire
The Law of Unintended Consequences - Professional Indemnity Insurance Claims and Rising Premiums
13 Feb 2019Dispute ResolutionInsolvent 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 2019Dispute ResolutionFinancing 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 2018Dispute ResolutionDon’t Shoot the Messenger Guidance on the Drafting of Expert Reports
Don’t Shoot the Messenger
Guidance on the Drafting of Expert Reports
3 Sep 2018Dispute ResolutionShifting 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 2018Dispute ResolutionTo 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.
27 Jun 2018Dispute ResolutionVariations in writing? Change the record please, Peter!
If I had a pound for every time I warned a client to read the contract before signing up to it, I would be a very rich man. If I had a further pound for every time I had warned a client not to undertake additional work without getting an instruction in writing I would be even richer!
16 May 2018Dispute ResolutionCommon Sense 6 – Smash & Grab 0
When the drafting committee of the Local Democracy, Economic Development & Construction Act 2011 saw the fruits of their efforts come into force on 1 October 2011, I very much doubt that they expected the changes they made to the interim payment regime under relevant construction contracts would be interpreted in the way that they have.
1 May 2018Dispute ResolutionSupporting the Checkers - Time to Restore Confidence in Construction Company Accounts?
My firm is regularly asked to go into construction companies and verify that balances shown in a company’s accounts as debtors and work in progress balances are accurately stated and are actually recoverable. If you think about it, any bank lending money in reliance upon a set of accounts needs to be sure that there are no “creative figures” included in the numbers.
