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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  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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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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