Articles

Articles in the 2015/April Newsletter

Displaying 6 items

I set out in the previous newsletter what the committee’s plans were for the coming year and am pleased to report that progress has been made on nearly all fronts.

Construction payments legislation introducing statutory adjudication was passed in the Republic of Ireland in July 2013. On the foot of this, and other, developments, the Republic of Ireland region of the Adjudication Society was established in January 2014.

This is the first of a series of articles in which I will explore the challenges that will arise from the implementation of Building Information Modelling (“BIM”) for those involved in dispute resolution.

We know that an adjudicator is entitled to get the law wrong. We also know that, provided the adjudicator answers the right question and does not breach the rules of natural justice, any decision reached will be binding on the parties and enforceable.

Adjudicator’s decisions under the Housing Grants, Construction & Regeneration Act 1996 (“HGCRA96”) are enforceable almost as of right.

On 1 February 2015, the Professional Negligence Lawyers Association launched a voluntary pilot scheme for the adjudication of professional negligence claims brought against solicitors, up to a maximum claim value of £100,000 (the Adjudication Scheme Trial).