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Adjudication: mistake in adjudicator’s decision
- Norton Rose Fulbright LLP
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- United Kingdom
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- February 22 2010
As noted in our report on Rok Building Limited v Celtic Composting Systems Limited (No 2) 2010 EWHC 66 (TCC), the general position is that the court will enforce adjudicator's decisions even if the adjudicator has made an error, unless the adjudicator had no jurisdiction to decide the dispute or there has been a breach of natural justice
Construction of contracts: priority of documents
- Norton Rose Fulbright LLP
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- United Kingdom
- -
- February 22 2010
In the following case, the court had to consider the construction of a contract, and in particular the effect of a clause concerning the priority of documents, in order to determine which of two conflicting provisions relating to the payment mechanism was to prevail
Sustainable development: the life cycle of a commercial building
- Norton Rose Fulbright LLP
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- United Kingdom
- -
- February 15 2010
There is increasing legislative and market pressure on the property industry to design, construct, use and demolish buildings in a way that both mitigates and adapts to climate change (e.g. by reducing carbon emissions and ensuring the ability of buildings to withstand extreme weather changes
Termination: injunction to prevent termination
- Norton Rose Fulbright LLP
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- United Kingdom
- -
- January 27 2010
In the following case the court had to consider whether to issue an injunction to prevent termination of a sub-contract prior to the outcome of an adjudication and whether to issue an injunction preventing a sub-contractor taking any further steps in an adjudication on the basis that it had already embarked on mediation
JCT contract: the effect of a settlement agreement on the final account provisions
- Norton Rose Fulbright LLP
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- United Kingdom
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- January 27 2010
The two main issues before the court were whether the settlement agreement which the parties entered into post practical completion in relation to the final account was intended to replace the contractual final account procedure in clause 30 of the JCT standard form of contract and if so, whether the settlement agreement between the parties amounted to a full and final settlement of all claims and cross-claims arising between the parties
Adjudication: set-off and without prejudice documents
- Norton Rose Fulbright LLP
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- United Kingdom
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- January 27 2010
The following case raised several issues concerning adjudication and in particular what effect the incorporation of a dispute resolution provision giving parties a right to adjudicate in accordance with Part I of the Schedule for Construction Contracts (England and Wales) Regulations 1998 (Scheme) had on the question of set off
'On-demand' bonds: the fraud exception
- Norton Rose Fulbright LLP
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- United Kingdom
- -
- December 21 2009
The grounds on which a claim on an 'on-demand' bond may be resisted are extremely limited
Adjudication: decision declaratory or a requirement to pay
- Norton Rose Fulbright LLP
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- United Kingdom
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- December 21 2009
As reported previously, (October Updater report on Hart (ta D W Hart & Son) v Smith & Anor) a key purpose of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act) was to introduce adjudication to enable the prompt settlement of disputes in construction contracts on a provisional basis
Adjudication: enforcement
- Norton Rose Fulbright LLP
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- United Kingdom
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- December 21 2009
In the following case, the court gave general guidance to parties and practitioners wishing to enforce adjudicators' decisions in circumstances where it has become obvious that the likely defendant is not going to participate actively or at all in the summary judgment application process
Adjudication: natural justice and bias
- Norton Rose Fulbright LLP
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- United Kingdom
- -
- December 21 2009
Jurisdictional challenges on adjudication enforcement proceedings can be many and various
Current Search
- Workarea - Construction
- Author - Christopher Hill