It is a well-established principle that only one dispute may be referred to an adjudicator in a single adjudication.  However, a question which has not previously come before the courts is whether the same adjudicator may be appointed in two […]

It is a classic scenario; a schedule of interim payment dates is drawn up, but the works continue beyond the last date in the schedule – what is the remedy? The recent case of Grove Developments Ltd v Balfour Beatty […]

2011 brought with it the long awaited amendments to the Housing Grants, Construction and Regeneration Act 1996. One of the most significant changes was that the definition of a “construction contract” was extended to include oral contracts, making it possible […]

The Supreme Court recently made its first decision on adjudication in the case of Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc. The Court considered what entitlement a party who has been ordered to pay money in an adjudication has […]

It is quite common for the parties to construction contracts to depart from the payment dates set out in the contract for their own convenience or in the interests of helping each other out. However, this can have unintended consequences […]

Last month we commented on the “give notice or pay on demand” legacy seemingly established in the case of ISG Construction Limited v Seevic College. This case took a pointed stance on the effect of the failure to serve a […]

JCT contracts include a “conclusive evidence” clause which provides that the Final Certificate constitutes conclusive evidence that all sums due to the Contractor have been accounted for unless proceedings challenging the content of the Final Certificate are commenced within 28 […]

In the recent case of ISG Construction Ltd v Seevic College the court had to consider whether an employer, who had failed to issue both a Payment and a Pay Less Notice, could ask an adjudicator to assess the value […]

The recent case of Eurocom Ltd v Siemens PLC has set alarm bells ringing within the construction industry, particularly with regard to the process of appointing an adjudicator. Background Siemens engaged Eurocom under a subcontract in April 2011 to install […]

When are adjudication proceedings deemed to commence? Many JCT contracts include a clause which provides that the final certificate constitutes conclusive evidence that all sums due to the Contractor have been paid unless proceedings challenging the content of the certificate […]