Traditionally, if you incurred legal costs in an adjudication, you could not recover those costs from the other party, even if your claim was successful.  With the Housing Grants, Construction and Regeneration Act 1996 (the “Construction Act”) silent on the […]

In this article we discuss the recent Court of Appeal decision in Aspect Contracts (Asbestos) Limited v Higgins Construction Plc. Ultimately the question before the Court was: how long do you have to commence legal proceedings to finally determine a […]

In the recent case of Westshield Civil Engineering Limited and Westshield Limited v Buckingham Group Contracting Limited the Court ruled on the enforcement of an adjudicator’s decision as to the identity of the relevant parties to a sub-contract. Background Buckingham […]

In the recent case of Parkwood Leisure Limited v Laing O’Rouke Wales and West Limited, the Technology and Construction Court had to consider whether a collateral warranty could constitute a ‘construction contract’ for the purpose of section 104 of the […]

The recent Scottish case of Whyte and Mackay Ltd v Blyth & Blyth Consulting Engineers Ltd (2013) concerned interesting issues relating to whether enforcement of an adjudicator’s decision is compatible with the European Convention on Human Rights (“ECHR”). In this […]

Adjudication is probably the most widely used dispute resolution process in the construction industry. It is attractive because it secures a quick decision which is binding on the parties unless and until a court or arbitrator declares that the decision […]

Is a clause which allows one party to the contract to nominate the adjudicator valid? Successfully challenging an adjudicator’s decision as a result of a breach of natural justice. Sprunt Limited v London Borough of Camden Bias in Adjudication is […]