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Construction of contracts: priority of documents

Norton Rose LLP
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United Kingdom
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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

Adjudication and arbitration: set-off

Norton Rose LLP
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United Kingdom
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September 28 2009

The issue before the court in the following case was whether an entitlement to a sum of money under an adjudication award could be used to offset the payment of a sum of money arising out of an arbitrator’s award

Adjudication: natural justice and the slip rule

Norton Rose LLP
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United Kingdom
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February 22 2010

The courts have made it clear on many occasions that provided the adjudicator is acting within his jurisdiction, the fact that he has answered the relevant factual or legal questions incorrectly, even if the error is mathematical, does not affect the enforceability of the decision

Will proportionate liability legislation apply to arbitrations?

Norton Rose Australia
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Australia
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January 31 2013

Will proportionate liability legislation apply to arbitrations? Not in Western Australia and probably not in any other jurisdiction in Australia

Adjudication: mistake in adjudicator’s decision

Norton Rose 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

A new option to challenge an adjudicator’s decision made under the security of payment act is confirmed

Norton Rose LLP
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Australia
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November 3 2010

The New South Wales Court of Appeal in Chase Oyster Bar v. Hamo Industries (Chase) has handed down an important decision about the Building and Construction Industry Security of Payment Act 1999 (NSW) (SoPA

Limitation Act, adjudication and court proceedings

Norton Rose LLP
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United Kingdom
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September 28 2009

The court in the following case had to consider the date of accrual of a cause of action in proceedings brought by the losing party to challenge the adjudicator’s decision

Adjudication - CIC model adjudication procedure

Norton Rose LLP
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United Kingdom
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February 28 2007

The contract between the parties incorporated the Construction Industry Council Model Adjudication Procedure (third edition) (“CIC Procedure”

Adjudication and JCT

Norton Rose LLP
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United Kingdom
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January 30 2009

Where: an employer terminates a contract (for contractor's default); the contractor has obtained an adjudication award in its favour; and the construction contract provides, in effect, that the employer is not required to make any further payments to the contractor following termination (for contractor's default) until the works have been completed, is the employer entitled not to pay the contractor the amount directed by the adjudicator?

Adjudication: decision declaratory or a requirement to pay

Norton Rose 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

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