Latest News
11 Oct 2018Corporate Debt AdvisoryA better understanding of contractual debt
As funders, you need to look constantly for ways to grow your own businesses by being more innovative in the types of firms and the nature of collateral you fund.
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 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!
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 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 2018Building ConsultancyContractors and Concurrent Delay
If you have read the judgement in North Midland Building Ltd v Cyden Homes Ltd [2017] EWHC 2414 (TCC) you will understand why I and many of my industry colleagues are a little worried about the impact this case will have on our industry.
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.
