Latest Dispute Resolution News
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.
4 Apr 2018Dispute ResolutionRecovering Party Costs in Adjudication – The final word?
The costs of representing a party in adjudication can be significant. Not surprisingly parties are keen, where they can, to recover these costs and there have been a number of reported cases where, for one reason or another, a party has managed to persuade an adjudicator to award the recovery of one party’s costs from its opponents.
5 Mar 2018Dispute ResolutionRip it up and start again
In 1983 Orange Juice (the band) had a hit called “Rip it Up”. It was a good song and it got to 42 in the UK singles chart before fading into history.
5 Mar 2018Dispute ResolutionRecovering Party Costs in Adjudication
The costs of representing a party in adjudication can be significant. Not surprisingly parties are keen, where they can, to recover these costs and there have been a number of reported cases where, for one reason or another, a party has managed to persuade an adjudicator to award the recovery of one party’s costs from its opponents.
18 Jan 2018Dispute ResolutionCarillion - Supply Chain Advice
If you are a director of a company that worked for one of the Carillion companies now in compulsory liquidation, you must feel like you have just awakened from an extremely bad dream. You also have, for what it’s worth, my complete sympathy. The demise if this large Contractor was sudden, unexpected by most and will undoubtedly cause considerable damage in the UK construction industry.
24 Nov 2017Dispute ResolutionGoing it Alone
There are times when, for one reason or another, a party to an adjudication decides that it is not going to participate in the proceedings or co-operate with the adjudicator.
18 Sep 2017Dispute ResolutionMusical Chairs - Cost Recovery in Adjudication
When I was a child, not so long ago (no sniggering please), my favourite game was musical chairs. I loved waiting for the music to stop and then dashing for one of the vacant chairs. Oh, what fun we had. I never knew when the music would stop and which chair would be free. I never thought for one minute that I would still be playing a version of that game so far down the road into my professional career. What am I talking about? Well, what I am referring to is yet another twist in the “recovery of inter-party costs in adjudication” road.
22 Aug 2017Dispute ResolutionWhen sorry seems to be the hardest word
It was Elton John that sang the words “…oh it seems to me that sorry seems to be the hardest word..” What a great song. I am pretty sure Mr John was singing about unrequited love rather than legal claims but I just couldn’t resist making the connection. Sorry about that.
17 Aug 2017Dispute ResolutionLove thy Neighbour... just don't give him any Free Advice
My wife absolutely loves offering my services as a matchmaker, job finder and building consultant to her many friends and colleagues and yes, you've guessed it, I don't get paid for any of these favours. Now I think it is fairly clear that when I succumb to my wife's promises and I find myself looking at a wonky wall, badly plastered ceiling or dodgy extension I am not entering into a contract with these people but the current Mrs Vinden (there will be only the one, I hope) might be surprised to learn that I could still be sued if I cock up in the granting of the requested favour. Why is this?
27 Jul 2017Dispute ResolutionAdjudicating Two Disputes at the Same Time, Unintended Consequences
Paragraph 8(1) of The Scheme for Construction Contracts (England Wales) Regulations 1998 as amended by The Scheme for Construction Contracts (England Wales) Regulations 1998 (Amendment) (England) Regulations 2011 (“the Scheme”) says; “The adjudicator may, with the consent of all the parties to those disputes, adjudicate at the same time on more than one dispute under the same contract”. But what exactly does this mean?
4 Jul 2017Dispute ResolutionDo It Yourself (DIY) Adjudication Update
Many years ago, I wrote an article on do-it-yourself adjudication. The article suggested that as a result of developments in adjudication law, practice and procedure, any party choosing to run an adjudication without professional assistance might be described as brave, foolhardy or both.
