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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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Here's our director @pjwaterhouse with his @ICEpublishing blog on the assessment of Defined Cost in @nec_contracts icevirtuallibrary.co… pic.twitter.com/FNRZ…

About a year ago from Bowdon Consulting's Twitter via Twitter Web App

KAREN GOUGH of 39 Essex Chambers on the importance of sending your Notice of Adjudication and your ANB nominbation requestion in the right order. lnkd.in/dMzm7sF

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

Abba, Olivia Neutron Bomb, beers on a Monday night and 1970's Eurovision are all included in Michael Craik's excellent article. Oh yes, and some other stuff about NEC3, adjudication and notices. More on TfGM v Kier. lnkd.in/dxb__KY

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

Thanks to those who joined me and @davidhunter_nec this lunchtime to look at the October 2020 amendments to the NEC4 suite of contracts. Some good discussion on liquidated damages, early contractor involvement, liabilities and many other things in servic…lnkd.in/d3m2q2i

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

The TCC recently heard a case concerning the NEC3 Professional Services Contract (PSC), Croda v Optimus. Croda sought enforcement of two adjudicator’s decisions made (rarely in the UK) under dispute resolution option W1. This is an…lnkd.in/d2F_yfd lnkd.in/dTfSHrJ

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

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