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
At a time when tendering and winning business is reliant on one’s green credentials – it is perhaps unsurprising that some companies are resorting to misleading green claims or “greenwashing”.
This week NEC has announced that it is to launch a new secondary option clause X29 to its NEC4 suite of contracts in a bid to tackle greenwashing in the
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
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
Greater Glasgow Health Board v Multiplex Construction Europe Ltd and others [2021] CSOH 115
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
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
