Magazine

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Rolling the adjudication dice

Thanks to a fairly constant group of appeals against adjudicators’ decisions we have a plethora of guidance from the courts on how adjudicators are allowed to reach their decisions, says Vijay Bange of Trowers & Hamlins.

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Commercial suicide fears are no defence

Ann Levin and Estelle Katsimani of Herbert Smith Freehills analyse an application to appeal an arbitration award in a case where a contractor suspended work because it feared going bust if it proceeded.

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Recovering insolvency losses

Contractor insolvencies may be falling but even in an economic recovery the problems remain. Michael Bennett of Weightmans explains who owns what after a sub-contractor insolvency under the major contract forms.

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When is a collateral warranty a contract?

Most practitioners considered that collateral warranties were outside the scope of adjudication under the Housing Grants, Construction and Regeneration Act 1996. James Ladner of Pinsent Masons examines a recent court decision to the contrary.

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No second bites at the costs cherry

Luke Wygas of 4 Pump Court looks at how judges are enforcing the new costs management regime. Thoughts that only lip service need be paid to the new rules were fairly widespread, but should now be banished, he warns.

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Reports from the courts: November 2013

Our round up of court decisions and rulings from Andrew Croft and Will Buckby of Beale and Company focuses on one that confi rms set-off cannot be laid against sums awarded to be paid by an adjudicator; and one which sheds light on whether collateral warranties are contracts for the purpose of adjudication.

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The Armitt Infrastructure Review

On 5 September 2013 the Labour Party released Sir John Armitt’s review of UK infrastructure, recommending the creation of a National Infrastructure Commission and a formal, structured process through which that Commission would review the United Kingdom’s infrastructure needs for the next 25 to 30 years.

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State of play table 185

This table, prepared by Clyde & Co, provides a regularly amended guide to new and proposed legislation that will affect the construction industry. In addition to EU Directives and UK legislation, the table includes notes highlighting discussion papers issued by both government and non-government organisations, and commentary on the latest developments.

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Beware the familiar

Ed Freeman and Rachel Chaplin of Clyde & Co work their way through the sometimes convoluted development of the law relating to liquidated damages, asking whether there is a new test of commercial justifi cation for upholding them.

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Recovering lost adjudication costs

In our latest alternative dispute resolution series article Rachel Chaplin of Clyde & Co reports on a court decision which confirms that the costs of a ‘lost’ adjudication can sometimes be recovered.

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