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May 2012

All the posts of May 2012

25 May

ICE publishes new dispute resolution procedures

Dispute Resolution, May 25, 2012

The Institution of Civil Engineers (ICE) has published the 2011 versions of its dispute resolution procedures.  Published together in one document for the first time, they are also available online at the ICE’s Virtual Library. The four procedures contained in the book are; ICE Adjudication Procedure 2011 ICE Arbitration Procedure 2011 ICE Dispute Board Procedure ICE Mediation/Conciliation Procedure 2011   Originally developed for use with the ICE suite of contracts, these procedures can now be used with ‘almost all forms of contract’ according to the publishers.   The procedures are published by ICE Publishing, RRP £40.00.   ISBN: 9780727757630

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23 May

Most NEC compensation events result from changes to works information

Uncategorized, May 23, 2012

  The vast majority of compensation events under NEC contracts arise from changes to the works information instructed by the Project Manager.  This was one of the observations made at the annual NEC Users’ Group Workshop held at Leeds Metropolitan University on 22 May.   Attended by a wide range of organisations, the all-day conference heard presentations on compensation events and how to draft works information.   Another interesting statistic was that, in the experience of one of the speakers, 95% of early warning notices are issued by Contractors.  This might suggest an over-zealous approach by some contractors, but could.

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4 May

Severability of Adjudicator’s decision

Dispute Resolution, May 4, 2012

This case raised issues about adjudication enforcement, crystallisation of disputes and the severability of parts of an adjudicator’s decision. The Defendant, Greencoat Construction Ltd was a main contractor employed to carry out substantial fitting out works at existing office accommodation in Shaftesbury Avenue, London. By a sub-contract Greencoat engaged Working Environments Ltd to carry out the mechanical services installation for the project. A dispute arose over payment and this was referred to adjudication. The adjudicator, Tony Bingham, dealt with jurisidiction issues and these formed part of this case.  Mr Justice Akenhead saw no good reason why the substance of the.

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Mark Briggs of Bryan Cave Leighton Paisner LLP on defects and contract drafting. "...the cost and disruption of court and adjudication proceedings might have been avoided by more careful drafting." lnkd.in/dMCAamD

About 2 days ago from Bowdon Consulting's Twitter via LinkedIn

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About 3 days ago from Bowdon Consulting's Twitter via LinkedIn

Good article by Matt Molloy on the adjudicator's last chance saloon - the slip rule. As he mentions in his conclusion, it is possible for an adjudicator to change the fee allocation if the slip rule application materially changes the prior position on su…lnkd.in/d6gzm7R

About 5 days ago from Bowdon Consulting's Twitter via LinkedIn

Alaric Watson of Hardwicke on Bresco v Lonsdale and "the barely compatible spheres of insolvency and adjudication". lnkd.in/d3sjJuU

About 5 days ago from Bowdon Consulting's Twitter via LinkedIn

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About 6 days ago from Bowdon Consulting's Twitter via LinkedIn

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