4 February 2005
Toby Randle in article which appeared in Building sets out why he
advises some construction clients embroiled in complex cases to bypass the adjudication process and initiate court proceedings.
Adjudication
"An expensive way to flip a coin"
Click to download PDF"Case law update: The shifting sands"
10 November 2003
In a paper given to Fenwick Elliott’s 8th Adjudication Update Seminar, Matthew Needham-Laing reviews recent case law including the Orange v ABB, Dean & Dyball Construction Limited v Kenneth Grubb Associates Limited and Comsite Projects Limited v Andritz cases.
"Is the Enforcement of an Adjudicator's Decision a Foregone Conclusion?"
Karen Gidwani, in a paper given at the 12th Fenwick Elliott Adjudication Update Seminar, discusses whether in the light of the recent Court decisions, for example, Carillion v Devonport Royal Dockyard, the enforcement by the Courts of Adjudicators' decisions is a foregone conclusion.
"Adjudication: effective dispute resolution - starting an adjudication"
October 2004
Jon Miller, in a paper given to the Association of Independent Construction Adjudicators annual conference at Wolverhampton, highlights the common problems faced when starting an adjudication and provides some ideas (to both parties and adjudicators) on how to manage referrals to make the adjudication process more efficient.
"What makes a bad decision?"
12 May 2003
Jeremy Glover discusses attempts to withhold payment by the losing party following adjudicators' decisions, in a paper given at the 7th Fenwick Elliott Adjudication Update Seminar. In particular, he focuses on the impact of the Court of Appeal decision in Levolux v Ferson.
"Recent developments and future prospects"
Dr Julian Critchlow, in a paper given at the 13th Fenwick Elliott Adjudication Update Seminar discusses the implications of the case of Cubitt Building and Interiors Ltd v Fleetglade Ltd where he acted for the successful party. In particular, this case demonstrates the importance of time limits in adjudication and what might happen when these limits are not met. Julian also considers what the time limits tell us about the legal relationship between the adjudicator and the parties.