Fenwick Elliott blogs

2024 Construction Adjudication in the United Kingdom Report

webmaster — Mon, 25 Nov 2024 10:50:07 +0000

At the Adjudication Society Conference in Manchester on 20 November 2024, King’s College London unveiled the third and final report of its research project on construction adjudication, conducted in collaboration with The Adjudication Society. In this blog, Katherine Butler takes a closer look at the report's findings, exploring recent adjudication statistics, referral trends, and the addressing the issue of diversity among adjudicators.

Constructing the Gold Standard: Needed more than ever?

webmaster — Mon, 11 Nov 2024 11:53:35 +0000

Claire King takes a closer look at “Constructing the Gold Standard” (the “Review”), a 24-point plan designed to help clients and their supply chain optimise the procurement process and deliver the best outcomes possible. In this blog, Claire shares insight from a recent Fenwick Elliott panel discussion which featured Professor David Mosey, who led the Review.

Late payments: you’re really on thin ice now

webmaster — Tue, 20 Aug 2024 09:19:06 +0000

Paul Smylie reports on the Court of Appeals decision in Providence Building Services Ltd v Hexagon Housing Association Ltd [2024] EWCA Civ 962, which held that the Contractor was entitled to terminate its employment based on just two late payments, each of which was rectified within 14 days.

UK Supreme Court finds that collateral warranties are not a construction contract

webmaster — Wed, 10 Jul 2024 09:21:16 +0000

Adele Parsons reports on the UK Supreme Court’s decision in Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP [2024] UKSC 23, which has provided welcome guidance on whether a collateral warranty is a “construction contract” as defined by the Construction Act.

Settlement Agreements: words to the wise

webmaster — Fri, 31 May 2024 14:21:23 +0000

In this blog post, Katherine Butler discusses the recent TCC decision, which sets out a useful summary of the law relating to the construction of settlement terms. The judgment serves as a cautionary tale, highlighting the importance of the wording used in settlement agreements.

Less of a slip, more of a stumble – when Adjudicators exceed their jurisdiction under the Slip Rule

webmaster — Mon, 20 May 2024 13:42:22 +0000

In this blog post, Adele Parsons discusses the recent successful adjudication enforcement proceedings in the Technology & Construction Court. In his judgment, Mr Adrian Williamson KC, sitting as a High Court deputy judge, determined that the adjudicator had exceeded his jurisdiction in applying the Slip Rule.

Adjudication Round Up: nothing to declare…

webmaster — Wed, 15 May 2024 07:01:27 +0000

In this blog post, Katherine Butler looks at three recent decisions where the TCC has declined to give the remedies and/or declarations sought following adjudication awards being made. Whilst the three cases address different matters, the judgments all focus on the fairness of the outcome and offer reminders to parties that fairness and the overall merits of any particular claim or application are key considerations for the English Courts, balanced against strict legal entitlements.

Carry on Dissatisfied? Notices of Dissatisfaction and the NEC

webmaster — Wed, 17 Jan 2024 12:22:14 +0000

In this blog post, Claire King looks at the key issues parties must consider when issuing a Notice of Dissatisfaction, which must be issued within the requisite time frame of four weeks if a party wishes to avoid being bound by an adjudicator’s decision.

The Reinforced Autoclaved Aerated Concrete crisis: to what extent will claims “RAAC up”?

webmaster — Mon, 04 Dec 2023 11:08:52 +0000

The reinforced autoclaved aerated concrete (“RAAC”) crisis was brought into focus in August 2023, when the UK government announced that over 100 schools would not be able to re-open due to compromised structural safety. In this blog post, George Boddy explores whether the current issues with RAAC may give rise to an increase in claims against those involved in the construction and refurbishment of buildings containing the material.

So, how does the UK plan to remain a world leader in international arbitration? By doing very little

webmaster — Wed, 13 Sep 2023 12:35:36 +0000

Adele Parsons provides an update on the reforms to the Arbitration Act 1996. These limited reforms focus on maintaining the effectiveness and efficiency of the arbitral process.