BULLETINS

ARTICLES

A Point of Interest - Stephen Oakes – Senior Consultant at Hill International’s Birmingham offices looks at the ‘the Question for the Court’: Whether the interest provided for within an amended JCT Contract for the late payment of a debt was a ‘substantial remedy’ pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

Supplementing Resources - Richard Hawkins Director at Knowles Winchester Offices, points out the importance of Sub-contractors being contractually and legally aware of entitlement when a Main Contractor threatens to increases the on-site workforce on their behalf.

The Pause… to the Tolent Clause! - John Jones Consultant at Hill International’s Birmingham office ponders ‘The Question for the Court’: Whether a clause in a construction contract which determines that a party is liable for the costs of adjudication irrespective of the decision of the adjudicator, typically referred to as a “Tolent Clause” is effective.

Take No Notice - Steven Oakes – Senior Consultant at Hill International’s Birmingham office looks into ‘The Question for the Court’: Whether a Notice served by the Contractor, which was a condition precedent, had met the requirements of the Contract Agreement in order that the Contractor might be granted an extension of time and recover its costs for the delay

Builders AND Clients Take Care! - Paul Lomas-Clarke Executive Director at Knowles Bedford Row, London Offices, looks at duties in tort.

Risk in the NEC3 Contract - David Carrick – Vice President, Hill International Northern Region looks at Risk in NEC3 Contract.

It’s good to talk, or is it? - Knowles Senior Consultant Garry Winter looks at the proposed amendment to the Housing Grants, Construction and Regeneration Act 1996, allowing the adjudication of oral contracts.

You want more? - Steve Thompson, Senior Consultant, discusses disputes in the construction industry, and outlines some simple steps to take in order to prevent claims arising.

Adjudication at the Crossroads: The Construction Act - One Size Fits All? - The much heralded Construction Contracts Bill (as part of the Local Democracy, Economic Development and Construction Bill) has now finally been passed by Parliament, and (subject to the ruling of the government of the day) is likely to come into force next year. This article, written by Mark A Atherton, Director of Knowles Ltd, assesses the main changes to the legislation, and questions whether the reforms meet current industry needs, and will assist in providing an efficient and just construction dispute resolution system within the UK.

What makes a Sound Quantum Analyst? - The objective of this article is to identify and describe what seem to be the qualities, skills, and methods of working of the sound quantum analyst. The Article is written by Franco Mastrandrea LLB (Hons), MSc, PhD, FRICS, FCI Arb, Barrister.

Achieving excellence in construction - Partnering the supply chain…

Adjudicator v Arbitrator – let the Courts decide - Case law has shown that Arbitrator’s awards usually trump Adjudicator’s awards, and that monies owed under adjudication cannot then be set-off against an Arbitrator’s award. In the recent case of Workspace Management Ltd v YJL London Ltd [2009] EWHC 2017 TCC, Justice Coulson decides otherwise.

Counting The Cost Of Change - Toby Hunt, Senior Vice President, Hill International discusses managing the risk of change and avoiding delays in today’s construction environment.

Adjudication – Would you be ready? - If you received a referral in an Adjudication giving you seven days to respond, would you be ready? It isn't a lot of time, but Adjudication referral notices often stipulate that this is the maximum period allowable for you to submit your response. Vincent Techer, Consultant at Knowles Teesside, suggests some pointers for a successful adjudication:

Corporate Failure During Construction - It is not just high street retailers and manufacturers which are succumbing to the recession - construction companies are also feeling the pinch. Richard Hawkins FRICS FCIArb of Knowles gives some hints on how to avoid corporate failure during construction, and what to do should the worst happen.

The Battle of the Braes of Doune - Vice President David Carrick (Edinburgh) blows hot and cold over the construction of a wind farm in Scotland.

Domestic Adjudication - In the current economic climate, many homeowners are opting to renovate and extend rather than move house. But Diane and Anthony Culligan got more than they bargained for when they refurbished their four bathrooms. Andrew Rainsberry (Senior Vice President, London) looks at adjudication in the domestic environment

Duties to Warn - Vice President and Managing Director David Carrick (Edinburgh) jumps up and down and shouts about duties to warn and responsibilities in construction.


NEWSLETTERS

In the Know Spring 2008.