John Riches discusses the perils of serial adjudication and overly complex payment provisions, in the context of the Court of Appeal’s decision on payment notices in A&V Building Solutions v J&B Hopkins.
John Riches
The long view of the enforcement of adjudicators’ decisions.
"Soon you will walk across
this field. I will educate you
to step here and step there,
to avoid the hidden dangers
beneath the grassy slopes
and native flowers."
Walking Through Minefields (William A Poppen January 2013)
Maybe an unfortunate analogy, the minefields in this poem versus the minefields that us construction folk face with the broken payment legislation that we need to negotiate with every day of the week. The latest trap is ‘genuine’.
With the various lists getting there in this song there is telepathy but no mention of email. But that was 30 years ago and as far as I can remember the email was not that popular then.
The last 6 months have certainly been the busiest period I have ever personally encountered in terms of adjudication proceedings. The references to adjudication have been coming to me thick and fast since March, both as advocate and adjudicator, with little time to come up for air.
To retain respect for sausages and laws, one must not watch them in the making. (Otto Von Bismark, 1869)
Forgive me Mark Ruffalo (American actor) for slightly amending your quote to suit my purposes. The something in our industry is simply a payment.
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.
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 wonder what Mr. Bumble would make of the payment provisions of our current Construction Act.