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The year 2017 saw the release of new editions of the FIDIC and NEC forms of contract. When the NEC announced at the beginning of March 2017 that they were releasing the new NEC4, they outlined the three core drafting principles. The underlying philosophy behind the FIDIC update was similar.
Over 170 delegates attended the Adjudication Society’s annual conference in London last week to listen to speakers discuss and debate issues centring on “The users’ experience and what can be done to improve it?”.
At CDR, we have been involved in the preparation, analysis, and publication of statistics and data concerning statutory adjudication and its use across the UK construction industry since its introduction in 1998.
The working party is charged with scoping a simple, Construction Act compliant, adjudication timetable and procedure for low value disputes. The plan is to give adjudication back to parties involved in low value disputes about straightforward issues.
Many people in the construction industry do not have to consider how you get an adjudicator unless they are drafting the contract or a dispute arises. An adjudicator or possible adjudicators can be named in the contract or agreed by the parties once the dispute has arisen. Alternatively they can be selected by a nominating body.
Issues arising in adjudications have found their way into our courts on a fairly consistent basis since the Construction Act came into force.
Unless one was very familiar with the 1st edition, it is not easy to decipher the changes in the 2nd edition, as no redline version showing the differences was published. So some inside knowledge, and some historical records, are indeed useful in identifying the changes and the reasons for them.
In recent years, there have been an increasing number of individual adjudicators who carry business through a firm or a company. This trend has given rise to a number of issues in relation to the role of such companies.
The Elephant Test is a very important legal test, or, if it isn’t it should be. It goes like this; I can’t describe an elephant, but I know one if I see one. It is much easier than a written description. All you need is a picture or a visit to the zoo.
I was talking recently to a party who had lost rather badly in an adjudication.
The Republic of Ireland Region of the Adjudication Society is preparing for the 2017/2018 professional year after the summer break.
The Ireland Region of the Adjudication Society recently held its 4th annual conference at Dublin’s well known Croke Park venue. 2017’s conference was organised around the theme ‘I’m in an adjudication, get me out of here.’
In adjudication last year’s ‘nasty’ was the unacceptable behaviour of the parties.
The construction industry has become used to the mantra repeated in a number of cases, that the intention behind the Housing Grants Construction and Regeneration Act 1996 as amended (“the Construction Act”) is to give effect to a “pay now, argue later” regime.
This was considered and decided upon by Mr Justice Coulson in the recent Hutton Construction Limited v Wilson Properties (London) Limited [2017] EWHC 517 (TCC) case.
This article examines some of the significant decisions that have been handed down by the courts in the past 2½ years and provides a ‘snippet’ on the legal principles laid down in these cases.
I was talking recently to a party who had lost rather badly in an adjudication.