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Serial Adjudication in 2023: some like it hot

Karen Gough of 39 Essex Chambers analyses why after over 25 years of the adjudication regime the courts are still kept busy with issues arising from serial adjudications. Claiming parties like them, but they are the bane of adjudicators and judges she says.

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Enhanced status helps keep the Irish adjudication bar high

Stephen McKenna and Nouman Qadir of Quigg Golden analyse two recent decisions in Irish construction law handed down by the High Court. Adjudicator’s decisions have ‘enhanced status’ in the Irish courts compared to the UK, they point out, and the courts have a track record of supporting the intentions of the legislation.

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Party walls – we are all affected

Dr Laura Lintott, Visiting Fellow at King’s College London and Supervisor for undergraduates in land and private law at the University of Cambridge, writes in her capacity as a recent PhD graduate from the University of Cambridge on the topic of her thesis: Party Wall Disputes: Legal Coherence and Dispute Management.

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Insurance and Consequential Loss

Insurance expert John D Wright of JD Risk Associates examines how insurers regard claims for consequential loss. Claims for economic loss give rise to many disputes, he warns.

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Time to mandate adjudication pupillage?

Caroline McDermott of Turner & Townsend and Kirsti Olson of Dentons UK and Middle East LLP suggest pupillage as one way to increase the supply of adjudicators.

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New and proposed legislation: State of play table 284

This table, prepared by Alignment Media, 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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Legal terms explained: Value Engineering

In a construction context, value engineering usually refers to the process of reducing the cost of a project through changes to the method and type of construction or specification, without making major reductions in scope or compromising on functionality or quality.

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Climate Change, Carbon Emissions, and the Construction Industry

Guest Editors Vanessa Alarcon Duvanel, Alex Levin Canal and Alexandra Gerdes of King & Spalding LLP suggest that contractual incentives to get to net zero are a parallel and possibly faster, more flexible and less burdensome option to promote sustainable behaviour.

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Reports from the courts: October 2023

Our round up of the cases of most interest to construction from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP who report on a decision that shows the importance of limitation periods; and an appeal court ruling that confirms the duties owed to developers under s1(1) of the DPA.

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Express Yourself

A recent decision from the Scottish Court of Session suggests that Scottish and English courts are now aligned in assigning primacy to the written word in contract interpretation, as Katherine Doran and Dylan Higgins of DWF LLP explain.

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