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Don't be blinded by boilerplate
  • Taylor Wessing
  • United Kingdom
  • May 20 2015

So often, cases handed down from the Technology and Construction Court demonstrate that a great deal of time, money and worry could have been saved


School construction projects : contractor insolvency
  • Winckworth Sherwood
  • United Kingdom
  • May 5 2015

The decision to invest in a construction project is a major event for an educational establishment. So, if the contractor becomes insolvent, this can


FIDIC Dispute Adjudication Boards - 5 things you need to know
  • Eversheds LLP
  • United Kingdom
  • May 1 2015

The FIDIC suite of Contracts (1999 Edition) provide within clause 20 that if an Engineer’s determination is disputed, that dispute may be


Adjudication rules not ok
  • Mayer Brown LLP
  • United Kingdom
  • April 30 2015

A subcontract contained three sets of terms under which, potentially, either party could request adjudication. The different adjudication provisions


Why adjudicators should be careful who they talk to
  • Mayer Brown LLP
  • United Kingdom
  • April 30 2015

Claimants in an adjudication had phone calls, one of them a long call, with the adjudicator's office manager, who was also his wife. They discussed


Defeating the “smash and grab” adjudication
  • Squire Patton Boggs
  • United Kingdom
  • April 27 2015

How can paying parties challenge an adjudicator's decision based on a palpably wrong interim application for payment where it has not issued any


Ad hoc adjudications can be final and binding
  • Eversheds LLP
  • United Kingdom
  • April 21 2015

In relation to the agreement to adjudicate, where the contract is not one to which the Act applies, evidently it is unnecessary to adhere to the


Adjudication: waiver in natural justice
  • Eversheds LLP
  • United Kingdom
  • April 21 2015

Where an actual or suspected breach of natural justice occurs, by far the most common option adopted is to participate in the adjudication until its


Adjudication: communicating with the adjudicator
  • Eversheds LLP
  • United Kingdom
  • April 21 2015

When deciding who to appoint as adjudicator, the referring party may strive to obtain the appointment of a particular individual as adjudicator


Adjudication: “risk of manifest injustice” - Galliford Try Building Ltd v Estura Ltd 2015 EWHC 412(TCC)
  • Fenwick Elliott Solicitors
  • United Kingdom
  • April 2 2015

Here, there was no defence to the application for summary judgment in the sum of £3.9 million; no payment or pay less notices had been served (see