Unfortunately the installtion of our new phone system on 16 December didn’t go to plan and our landlines aren’t working. For now, please call on 07984 861554 instead. Thank you.
AM Construction v The Darul Amaan Trust An otherwise unglamorous adjudication enforcement case in the TCC has shone a light on some of the issues of serving notices under contracts. Of particular interest to me has been the role of technology, some old, some new. This follows on neatly from my article last year on the TfGM v Kier case in the TCC concerning notices under an NEC3 contract. In AM Construction (AMC) v Darul Amaan Trust the Parties disputed whether a Notice of Adjudication had been properly served on AMC by the Trust. The Parties’ contract allowed, “any notice,.
Read here – http://ces.pagelizard.co.uk/webviewer/#constructionlawreview2017/nec4_natural_evolution_
Patrick Waterhouse will be speaking to the Institution of Civil Engineers in Birmingham on 10 July. The eagerly-awaited evening seminar is being held at Amey’s offices in Colmore Circus. Full details, including how to book, are here; https://www.ice.org.uk/events/nec4-evolution-or-revolution-birmingham
Vivian Ramsey retired on 2 November and, last night, reminisced on some of his years at the Bar and in the Judiciary. Speaking at the Chartered Institute of Chartered Institute of Arbitrators NW annual dinner in Manchester he outlined his hopes that domestic arbitration would regain popularity. Citing the uncertainties of adjudication and litigation as leading some parties to mediation, he suggested that “proper and proportionate arbitration” could make a recovery. He commented that arbitration could learn from litigation in areas such as the control of (sometimes voluminous) oral evidence. 100 people attended the dinner. Further information on CIArb NW.
Institution of Civil Engineers (ICE) President Professor Barry Clarke highlighted the three themes of his presidential year in a speech to the ICE North West on Friday. “Inspire, Innovate, Inform” have been the focus of his time as ICE President. Professor Clarke had visited Workington and Cockermouth during his time in the north west seeing how the civil engineering profession had helped the area recover from the floods of 2009. Civil engineers have been central to these operations. He highlighted how innovation is necessary in all areas of civil engineering, in education, in design and in construction. Forecasting.
The Court of Appeal heard the appeal of PC Harrington v Systech in a case decided initially in the Technology and Construction Court (TCC) last year. The CoA decided that the Adjudicator was not entitled to his fees as his decision had been shown to be unenforceable. Whilst an Adjudicator has to undertake several stages in reaching his decision, it is the decision alone that the parties require. An unenforceable decision is of no use to any party. However the Court said that this may not be the case if the Adjudicator’s terms of appointment provided for his fees to.
Our consultants are often asked to recommend further reading on standard forms of contract. The increasing prevalence of NEC3 contracts is now matched by the number of texts available to describe its use and construction. This new text on the NEC3 Engineering and Construction contract provides a welcome legal commentary to the many books already available on this subject. Written by a team from Keating Chambers, headed by David Thomas QC, this book provides a legal commentary on the ECC and its related contracts the Professional Services Contract and the ECC Subcontract. The book addresses each clause in the.
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.
