17 Apr 2017Dispute ResolutionPreparing for Mediation: The Position Statement The position statement should analyse the dispute and communicate your objectives.
8 Apr 2017Dispute ResolutionPreparing for Mediation: The Power of the Opening Statement A well researched, planned and delivered opening statement can set the tone of the mediation.
3 Apr 2017Dispute ResolutionPreparing for Mediation There is a difference between what you need to obtain and what you desire.
24 Mar 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”.
11 Mar 2017Dispute ResolutionAdjudication Costs Recovery When Sir Michael Latham issued his “Constructing the Team” report in 1994 and adjudication was first floated as an idea to resolve disputes quickly, efficiently and at low cost, he could never have foreseen that the process of resolving construction disputes by adjudication would evolve into the complex process that it is today.
2 Nov 2016Dispute ResolutionOptions for Directors in troubled times They say that behind every successful business man or woman there will be at least one or more failures.
7 Mar 2011Dispute ResolutionDirectors beware - HMRC bares its teeth! It is amazing how many insolvent businesses end up with significant unpaid VAT and PAYE arrears by the time Administrators are finally appointed...
3 Mar 2011Dispute ResolutionWhose dispute is it anyway? I talk a lot with my fellow mediators. We share experiences, good and bad. Give each other tips, de-brief one another and generally trade war stories. So I know that it is not uncommon for mediators to have to deal with an aggressive party or representative
24 Feb 2011Dispute ResolutionAre you a blue or a red? - Dealing with concurrent delay There are very few UK construction projects that start and finish on time. The majority are complex and have to rely on a successful interaction of a significant number of factors if completion is to be achieved by an agreed date. Many simply do not.
1 Nov 2010Dispute ResolutionAdjudication and Insolvent Companies Click for a free download of Peter Vinden's paper addressing the impact of corporate insolvency on insolvent parties wishing to take advantage of rights laid down by The Housing Grants and Construction Regeneration Act 1996.
27 Oct 2010Dispute ResolutionChristmas Comes Early! If you have ever purchased a new house it is highly likely that it came with a building warranty provided by the NHBC, Zurich or similar organisation. The Council of Mortgage Lenders makes clear that they are unwilling to lend money to fund the purchase of a new domestic home unless the homes come with such a warranty.
6 Sep 2010Dispute ResolutionPay when Paid and Insolvent Employers "Pay when paid" clauses are supposed to be a concept of a bygone era. Main Contractors would seek to justify their inclusion in a sub-contract by arguing that it should not be the guarantor of payments that are due to pass from an Employer through to the Main Contractor before onward payment to its Sub-Contractors.
