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The executive committee is settling in well. I am still Acting Hon Sec; any volunteers to act as Hon Sec are welcome to email me. Richard Booth has been confirmed as the member of the Committee to replace the very long serving Tim Willis as regional coordinator.
The focus of this quarter’s newsletter is upon the Referral process itself. In the third of James Golden’s excellent Back to Basics series, readers will find a useful guide and refresher to the process by which parties can get their dispute into the hands of an adjudicator.
This is my third article on the basics of adjudication.
For many years now, the Technology and Construction Bar Association (“TECBAR”) has administered ADR panels of its members in the fields of arbitration, adjudication, mediation and dispute resolution boards.
Progress on the Irish Construction Contracts Bill 2010 comes sporadically rather than consistently. When passed, it will likely attain a record for the longest period between introduction in the Oireachtas (parliament) and signature by the President.
It has generally been accepted that only one dispute can be referred to adjudication. Although the court has generally been amenable to finding that multiple disputes have not been referred, there have been cases where a challenge on this basis has succeeded.
I came across a complaint from a party who, in their eyes at least, had “won” an adjudication, but couldn’t understand why the adjudicator had apportioned liability for some of his fees to them.
There is a (still) new executive committee. Theresa Mohammed has retired through pressure of work as honorary secretary and I am assuming that role protem; any volunteers are welcome to email me!
When Glenn Godfrey and I first turned our minds to the content of this quarter’s newsletter it appeared that something rather unusual might have just taken place.
The Adjudication Society has recently published four additional Guidance Notes. These are:
1. Guidance Note: Construction Contracts and Construction Operations;
2. Guidance Note: Adjudicator’s Liens;
3. Guidance Note: Natural Justice;
This is my second article reviewing the basics of adjudication.
There is now a new executive committee for the society: Edward Quigg is senior vice-chairman, Tim Willis is junior vice-chairman and Theresa Mohammed has become honorary secretary.
Payment and adjudication in the Australian construction industry is governed by individual State and Territory legislation. Such legislation in Australia commenced on 26th March 2000, in New South Wales.
If there is one theme which runs through the articles which feature in this quarter’s newsletter it is that the world is one surprising place.
A recent complaint I came to hear about concerned the question of whether the adjudicator should have taken a more active role in calling a halt to and/or limiting the number of submissions one party makes.
Much has already been written about the 2012 decision of the Court of Appeal in PC Harrington v Systech.
Some commentators have welcomed the Court of Appeal decision in PCH v Systech and suggest that its effect will be to improve the quality of adjudication decisions. Others despair that it ignores the practicalities of this swift, rough and ready procedure.
Unless you found yourself marooned on a desert island during 2012, it will not have passed your attention that the whole of the construction world suddenly got very excited in August.
The process of obtaining the services of an adjudicator has, from the very start of statutory adjudication in the UK, been a rather fraught affair.
In the November 2011 edition of this newsletter I wrote an article about a panel debate held on the ‘new’ payment provisions by the London and South East Region. One year on, I thought it was worthwhile reviewing how they are faring.