Latest Gateley Vinden News
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
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.
27 Jun 2018Gateley VindenVariations 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!
15 Jun 2018Gateley VindenInsurance Backed Building Guarantees – The lights are on but is anybody at home?
Peter Vinden Managing Director of Gateley Vinden explores how the same insurance-backed guarantees used for domestic properties should be, and are, available for commercial buildings.
16 May 2018Gateley VindenCommon 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 2018Gateley VindenSupporting 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 2018Gateley VindenRecovering 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.
18 Jan 2018Gateley VindenCarillion - 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.