Latest Dispute Resolution News
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.
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 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.
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.
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.
