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Breaches of Natural Justice in Adjudications

Those on the losing end of an adjudication often look to a breach of natural justice in order to avoid enforcement of the decision. Though certainly possible, successfully arguing such a breach can certainly be a tough nut to crack. Two recent cases help demonstrate where the threshold lies in a key area for natural justice arguments – consideration of

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The Courts and Mediation – A Settled Position?

Late last year, the Court of Appeal’s decision on alternative dispute resolution in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 highlighted the significant role that mediation can play in successfully resolving disputes.

In Churchill, the Court of Appeal found that the court can order a stay to proceedings to allow parties to engage in alternative

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Methods of Delay Analysis in Construction Projects

Introduction

Delays to works are a common issue in construction projects. The exact cause(s)  of any delay are not always easy to pinpoint, due to the complex and intricate nature of construction projects. Independent delay experts are often needed to analyse delays (thus helping to establish liability ) by doing the following:

  • Determining the critical path. The Society of Construction
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JCT 2024 – what’s changed?

The Joint Contracts Tribunal (JCT) published its new Design and Build 2024 and Design and Build Sub-contract 2024 standard forms of contract on 17 April 2024 with much anticipation from across the sector.

We set out in further detail below some of the key changes made.

  1. Building Safety Act

The sector has been grappling with how best to deal with

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Back-to-back contracting sounds simple, but is it really?

We often hear the term ‘back-to-back’ contracting, but what does this mean, and what are the common themes to consider when faced with a construction project involving multiple parties?

What are back-to-back contracts?

Back-to-back contracting is a term widely used within construction projects by which a main contractor seeks to pass on its obligations towards the employer to its subcontractor(s).

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Avoiding Late Payment in Construction – A Fair Payment Practices Guide

Background

Payment issues in the construction industry have been well known for some time. With cash flow being critical to the success of construction projects and the solvency of the wider supply chain, late payments or long payment periods create acute points of contention between clients and suppliers.

Overall, late payments are considered detrimental because they disrupt financial stability, incur

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