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Adjudication 101: Commencing an Adjudication

Introduction

Our first article in this series explained the background to the statutory right to adjudicate disputes arising under construction contracts. In this piece, we look at the start of the adjudication process and address the practicalities that are frequently stumbling blocks.

As is made clear by the typical adjudication timetable included at the end of the previous article, adjudication

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Farrar Out
The insolvency of Farrar Construction leads to clarity from the Courts on dealing with an insolvent contractor under JCT
Levi Solicitors LLP v Wilson and another [2022] EWHC 24 (Ch)
(14 January 2022)

This decision from the High Court Chancery Division relating to a contractor’s insolvency required the Court to consider the payment regime that applies on termination in the JCT Minor Works 2011 Contract. In addition to clarifying a novel issue regarding which party bears the burden of proof in respect of a proof of debt, this case provides helpful guidance for

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Adjudication 101: Introduction and Overview

Adjudication 101 is a series of four short articles regarding the origins and lifecycle of adjudication. In the series we look at the background to the introduction of adjudication and the adjudication process from commencement up to the adjudicator’s decision. In the first part, Solicitor, Michael Comba, traces the origins of adjudication and considers why the process was introduced, who

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You Must Adjudicate First
NEC3 imposes obligation to adjudicate first before commencing court proceedings.

Greater Glasgow Health Board v Multiplex Construction Europe Ltd and others [2021] CSOH 115

The facts

The Greater Glasgow Health Board (the Employer) entered into a NEC3 ECC Option C contract (the Contract) with Multiplex (the Contractor) for the construction of a hospital. The Contract included the standard NEC optional dispute resolution clause, W2, which provides that

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The Supreme Word on Liquidated Damages

Earlier this year when I did a short session on liquidated damages for the Sharpe Pritchard Coffee Club, I left attendees with a cliff hanger: what was the Supreme Court ultimately going to decide about the application of liquidated damages upon termination of a contract? Liquidated damages are commonplace in construction contracts as a remedy for delay, so the long

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