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Adjudication

We have been conducting adjudications relating to all types of project since the HGCR Act came into force. We are very experienced in meeting the tight timescales with a fully argued case supported with the necessary evidence. We will often work at our client's offices to ensure rapid liaison and effective case preparation.

It helps with our rapid output that we have a thorough knowledge of the extensive law on adjudication. We have exceptional expertise in the law in this area and consistently attain good results.

We have a case law index of all the 350+ cases, each of which we have analysed and categorised by topic. It is regularly updated. Recent published articles relating to adjudication are listed below.

Recent Decisions in Mediation and Adjudication seminar slides

Jonathan Gold gave a seminar to the Chartered Institute of Arbitrators Southern Branch on Tuesday 14th April 2015: Construction Law Update - Recent decisions in Mediation and Adjudication.

File size : 42 KB

Author : Jonathan Gold

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Adjudication: Claims for money from both parties

In previous articles, I have considered the responding party's general right to run any defence in adjudication, and the circumstances in which the responding party may set off a sum against the amount due under an adjudicator's decision, particularly in relation to extension of time cases. I now turn to the position relating to apparently straightforward monetary claims.

File size : 91 KB

Author : Peter Sheridan

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Adjudication: Effect of Defence on Jurisdiction

It is generally well-known that an adjudicator derives his jurisdiction from the notice of adjudication. It is the dispute described in the notice of adjudication that the adjudicator has jurisdiction to determine.  The scope of the adjudicator's jurisdiction cannot subsequently be widened by the referring party's subsequent referral document or otherwise.  These points generally apply unless hte parties agree something else.

File size : 101 KB

Author : Peter Sheridan

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Adjudication and Limitation: Recent Court of Appeal Decisions

A limitation issue may arise where parties treat adjudication as a means of resolving a dispute long after construction work is completed, as they are entitled to do.

File size : 93 KB

Author : Peter Sheridan

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Adjudicators using their own experience, expertise or argument

Although it is not a new issue, there has been a spate of recent Technology and Construction Court cases in which what has been at issue is an adjudicator reaching his decision, using or allegedly using his own experience, his own expertise or his own argument rather than basing the decision purely on the material presented by the parties to the dispute.

File size : 229 KB

Author : Peter Sheridan

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Adjudication and Limitation: Implied Terms and Restitution

Limitation is not an issue that arises frequently in relation to adjudication.  Adjudication is thought to have been intended primarily as a means of obtaining a swift interim decision in respect of disputes as they arise while projects are in the process of construction; limitation does not normally arise at this stage.

A limitation issue may, however, arise where parties treat adjudication as a means of resolving a dispute long after the construction work is completed, as they are entitled to do.

File size : 154 KB

Author : Peter Sheridan

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Adjudicators' Decisions: Severability Update

Although the writer has considered this topic on three previous occasions in Construction Act Review (CAR), the courts have found it to be a difficult one and a further update is prompted by recent cases which entail, although they do not clearly identify in terms, a slightly new direction and a departure from teh reules as previously stated.

File size : 368 KB

Author : Peter Sheridan

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Jurisdiction and Reservation of Rights

This article is concerned with the issues that arise in connection with a reservation of the right to challenge the validity of an adjudicator's decision by reason of a lack of jursidiction.  The point is usually taken by a responding party who does not accept that ann adjudicator has jursidiction over all or part of the dispute purportedly referred to adjudication by the other party.

File size : 71 KB

Author : Peter Sheridan

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Compromise Supplemental and Side Agreements

Frequently where parties have initially entered into a construction contract, they subsequently enter into a further agreement.  Th further agreement may be to settle particular or all issues that have been disputed.  It may be a further agreement that alters the contract sum, or the completion date, or other matters.  Or there may be a side agreement that does not alter the existing contract but adds something new, such as a bonus payment provision.

 

In the context of adjudication, these second agreements can give rise to jurisdictional issues.

File size : 61 KB

Author : Peter Sheridan

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Adjudication Fraud Forgery and Theft

Adjudicators' decisions do not normally have such criminal associates, but such is the nefarious subject matter of Construction Act Review on this occasion. Adjudicators have from time to time had to consider the effect of allegations of fraud, forgery or theft on a claim made in adjudication and so have the courts, on the issue of enforcement.

 

There are relatively few cases, which are considered in chronological order below, but there has been a recent small flurry, including the first consideration of these issues by the Court of Appeal.

File size : 77 KB

Author : Peter Sheridan

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Effect of Defence on Jurisdiction

It is generally well-known that an adjudicator derives his jurisdiction from the notice of adjudication.  It is the dispute described in the notice of adjudication that the adjudicator has jurisdiction to determine.  The scope of the adjudicator's jurisdiction cannot subsequently be widened by the referring party's subsequent referral document or otherwise.  These points generally apply unless the parties agree something else.

File size : 45 KB

Author : Peter Sheridan

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Adjudication Crystallisation and Severance

File size : 35 KB

Author : Jonathan Marvin

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Thameside v Stevens

File size : 34 KB

Author : Jonathan Marvin

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The Overlap between Substance and Jurisdiction

File size : 65 KB

Author : Peter Sheridan

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Arcadis v May

File size : 33 KB

Author : Jonathan Marvin

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Court interfering with adjudication process

File size : 34 KB

Author : Jonathan Gold

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Adjudication: Slip Rule Update

The “slip rule” is a term from arbitral proceedings and refers to a statutory rule1 which permits the arbitral tribunal to correct inadvertent or clerical errors in its award.

File size : 306 KB

Author : Peter Sheridan

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Adjudication and Insolvency

Assignment and Rule 4.90
A recent case has thrown up some new insolvency-related jurisdictional issues; in the process some perennial judicial concerns about adjudication have re-surfaced, including ambush and the suitability of adjudication for complex disputes.

File size : 196 KB

Author : Peter Sheridan

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