Articles - Adjudication

  • Adjudication caselaw update

    22 April 2010

    Charlene Linneman, in a paper given at the latest Fenwick Elliott Construction Law Update Seminar held at Simpsons in the Strand, London, reviews the key adjudication issues that have arisen over the past 12 months. These include the use of injunctions to restrain adjudication, fraud, making a jurisdictional reservation and the slip rule. Amongst the cases Charlene considers are Mentmore Towers v Packman Lucas, SG South Ltd v King's Head, GPS Marine Contractors Ltd v Ringway Infrastructure Services Ltd and Anrik Ltd v AS Leisure Properties Ltd.

  • "Adjudication in the credit crunch: how to make the pips squeak"

    October 2009

    Simon Tolson, in a paper prepared for the 16th Fenwick Elliott Adjudication Update Seminar held at Simpson’s in the Strand, London considers the impact of the economic recession on adjudication. In doing so, he not only discusses the extent to which adjudication is always the right approach in recessionary times, but discusses the risks for all parties to construction contracts caused by cash-flow difficulties, insolvency and falling order books. He ends by setting out a checklist of the key contractual issues you should consider.

  • "Adjudication through the looking glass: what does the future hold?"

    October 2009

    Jeremy Glover, in a paper prepared for the 16th Fenwick Elliott Adjudication Update Seminar held at Simpson’s in the Strand, London sets out what the future may hold for adjudication. In doing so he looks at set off, the Scheme for Construction Contracts, the relationship between adjudication and mediation, whether adjudication is suitable for complex disputes and finally questions whether there is a place for international adjudication.

  • "Challenging the adjudicator's decision"

    June 2009

    Jeremy Glover, in a paper prepared for the Adjudication Society newsletter, discusses the latest challenge to adjudication decisions being made by the losing party - namely to challenge the validity of the decision itself. The paper looks at a number of recent cases including, Thermal Energy Construction Ltd v AE & E Lentjes UK Ltd, HS Works Ltd v Enterprise Managed Services Ltd and Quartzelec Ltd v Honeywell Control Systems Ltd.

  • "Do I have a contract?"

    23 April 2009

    Ted Lowery, in a paper prepared for the 15th Fenwick Elliott Construction Law Update Seminar held at Simpsons in the Strand, London and in response to the proposed changes to the Housing Grants Act about oral contracts, explains the fundamental requirements of a building contract. In doing so, he focuses on the typical situation parties find themselves in when it is not clear whether some or all the terms have been agreed or even whether a contract has actually been formed.

  • "Adjudication in Practice"

    23 April 2009

    Karen Gidwani, in a paper prepared for the 15th Fenwick Elliott Construction Law Update Seminar held at Simpsons in the Strand, London, reviews a number of practical points a party should bear in mind when adjudicating. Karen, using examples taken from her own experiences, looks at the steps you need to consider when preparing for an adjudication, highlights the best way to proceed during the adjudication process itself and asks how to make the most of the adjudication decision, once it is received.