Construction disputes

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Construction disputes guidance:

This article appears as originally published in Construction Law on 1 August 2016 and is not maintained. Multi-tiered dispute resolution clauses can save parties time and...

Practice Note

Produced in association with 4 Pump Court This Practice Note explains that it is possible for a referring party to abandon an adjudication, which has already been...

Practice Note

Produced in association with 4 Pump Court This Practice Note explains that it is possible for a referring party to abandon an adjudication which has already been started,...

Practice Note

Produced in association with 4 Pump Court This Practice Note considers the availability and use of declarations under CPR 8 in relation to adjudication proceedings. It...

Practice Note

Adjudication 1 Any dispute or difference arising under or in connection with this [agreement OR Contract] may be referred to an adjudicator appointed at the request of...

Precedents

Produced in association with 4 Pump Court This Practice Note looks at what an adjudication decision encompasses, whether (and to what extent) reasons for the decision are...

Practice Note

An adjudicator has the ability to correct an accidental error or omission provided they do so within a reasonable time of making their decision. This is known as the...

Practice Note

Claim No.: [insert claim number] [In the high court OF JUSTICE] [queen’s bench division] [Technology and construction court] [[insert location] DISTRICT REGISTRY] [THE...

Precedents

Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR Technology and Construction...

Precedents

Claim No.: [insert claim number] [In the high court OF JUSTICE] [queen’s bench division] [Technology and construction court] [[insert location] DISTRICT REGISTRY] [THE...

Precedents

This Practice Note provides links to adjudication Precedents available for use by a referring or responding party—both during the adjudication and in enforcement...

Practice Note

Produced in association with 4 Pump Court This Practice Note looks at the adjudication procedures set out in standard form construction contracts and in common...

Practice Note

Produced in association with 4 Pump Court Introduction This Practice Note discusses the following: • further submissions beyond the Response • their contents and form and...

Practice Note

Produced in association with 4 Pump Court This Practice Note considers the timescales for an adjudication under the Housing Grants, Construction and Regeneration Act 1996...

Practice Note

Produced in association with 4 Pump Court This Practice Note looks at the power of an adjudicator to award interest, and the various grounds upon which a party may claim...

Practice Note

Produced in association with 4 Pump Court Use of insolvency proceedings in adjudication Insolvency proceedings will rarely be the most efficient or appropriate means of...

Practice Note

This Practice Note considers the requirements for a dispute to be capable of referral to adjudication. In summary, a dispute must: • have crystallised—such that the...

Practice Note

FOR THE Urgent attention of a tcc judge ADJUDICATION PART 8 CLAIM Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND...

Precedents

Produced in association with 4 Pump Court Requirement to give reasons The requirement of natural justice does not require an adjudicator to give reasons: Multiplex....

Practice Note

This Practice Note sets out key cases concerning whether there is a dispute capable of referral to adjudication—including whether the dispute has crystallised, is a...

Practice Note

Produced in association with 4 Pump Court This Practice Note looks at preventing enforcement of an adjudication decision by obtaining a stay of execution. If a stay is...

Practice Note

Produced in association with 4 Pump Court The courts have repeatedly held (see eg Ferson Contractors v Levolux) that the policy behind the Housing Grants, Construction...

Practice Note

Produced in association with 4 Pump Court Why a declaration? The construction of a contract can be pivotal to the decision reached in an adjudication but what happens if...

Practice Note

Produced in association with 4 Pump Court This Practice Note considers the meaning of ‘dispute’ in the context of an adjudication pursuant to the Housing Grants,...

Practice Note

Produced in association with 4 Pump Court This Practice Note explains what a Referral Notice (sometimes referred to simply as a ‘Referral’) is and sets out what it should...

Practice Note

Produced in association with 4 Pump Court This Practice Note looks at the responding party’s defence to a Referral Notice in an adjudication—typically called the...

Practice Note
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