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When can a party defending an Adjudication, or defending a claim for money brought in the courts, or who challenges the issue of a Winding Up Petition, raise legitimate cross claims?
Read moreAfter Morecraft Drury succeeded in a series of adjudications concerning a compromise agreement, which included construction operations, the Adjudicator's Decision was enforced and a challenge to set aside the judgement was defeated in the High Court.
Read moreA paper published in the International In-house Counsel Journal on -line in January 2016 and in hard copy in the April 2016 edition concerning recent cases in the Technology and Construction Court of the High Court where building contractors have sought enforcement of Adjudicators’ decisions by way of Summary Judgment, the circumstances in which the Technology and Construction court will grant a stay of enforcement and a review of some recent decisions in construction Adjudications upon jurisdiction of the Adjudicator
Read moreThe Royal Institution of Chartered Surveyors (RICS) membership covers a broad spectrum of land, mineral, water, property and construction professional and the RICS sets the standard of competence expected of its members in order to protect the public and commercial organisations that use the services of Chartered Surveyors.
Read moreIn the recent report in October 2014 titled “Research analysis of the development of Adjudication based on returned questionnaires from Adjudication Nominating Bodies (ANB’s) and from a sample of Adjudicators” from the organisation Construction Dispute Resolution, it shows that there has been an increase in the number of Adjudications in recent years from its lowest point in the year May 2010 to April 2011
Read moreThe Practice Statement was effective from 2 July 2014 and the principal message is that the expert witness surveyor’s primary duty is to the tribunal i.e. the court, arbitration proceedings, adjudication etc. and not to a client. This is a concept that some find difficult to grasp, particularly clients who are paying for the services of the expert witness. The expert’s report and evidence must be the expert witness surveyors independent and unbiased work, and within his or her qualifications and experience.
Read moreFor the past 20 years we have had Latham and partnering, Egan and “Rethinking Construction”, Best Value procurement and framework agreements for it all to go back to the normal lowest price tendering during the recession or should I say depression? Now that we are on the upward slope on the next economic cycle we have the next bright idea from Government and badged as “New”. Well once you delve under the skin of the new publications it is not that new...just a change of focus and in the introduction to this publication it states so in that “evolution rather than revolution and establish clearly defined client-led collaborative processes developed from existing best practice”
Read moreThe Scholarships are good value to companies who wish to develop the potential of individuals and exhibit their leadership qualities. Each award offers a one-year research fund of £3,000 where the scholar aims to produce a piece of research in the UK that results in a tangible outcome and benefits the scholar, the company and industry. CIOB would like to invite you or your company to identify and nominate talented individuals to submit applications. The Faculty of Architecture and Surveying Scholarship supports research in the field of architecture and surveying. The Sir Ian Dixon Scholarship was established in 1998 and named in honour of the late Sir Ian Dixon. The Scholarship supports research in the field of construction management. Want to know more about the former scholars of the two Scholarships. The closing date for applications is Friday 26 September 2014. If you are interested in applying for the scholarships and would like further information, please contact CIOB Scholarship and Faculties Officer. Tel: +44 (0) 1344 630748 Email: scholarship@ciob.org.uk
Read moreIn the recent case before Mr Justice Akenhead concerning Parkwood Leisure Limited v Laing O'Rourke Wales and West Limited [2013 EWHC 2665 (TCC), the issue before the judge was in what circumstances could a collateral warranty qualify as a construction contract for the purposes of Part II of the Housing, Grants, Construction & Regeneration Act 1996 (HGCRA)?
Read moreThe IOAA is a new internal competition that spans the disciplines of the built environment sector.
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