Adjudication enforcement and challenges

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Practice notes
Brexit impact—public procurement: The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s...
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9th Nov
Practice notes
This Practice Note examines the purpose and content of the schedule of services that will usually be appended to a consultant’s appointment entered...
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9th Nov
Practice notes
A variation (sometimes referred to as a change) is an alteration to the scope of work originally specified in the contract, whether by way of an...
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9th Nov
Practice notes
It is standard practice in construction projects for the contractor, key sub-contractors and consultants (referred to in this Practice Note as...
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9th Nov
Practice notes
This Practice Note examines some of the key areas where the NEC3 and NEC4 standard form construction contracts take a different approach to the JCT...
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9th Nov
Practice notes
This Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a building contract. It considers the...
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9th Nov
Practice notes
This Practice Note looks at the SBCC (Scottish Building Contract Committee) standard forms of contract and the key differences between them and the...
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Produced in partnership with MacRoberts LLP 12th Jan
Practice notes
This Practice Note looks at the FIDIC Conditions of Contract for Plant and Design Build 1999, commonly known as the FIDIC Yellow Book 1999.FIDIC...
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Produced in partnership with Victoria Tyson of Corbett & Co 12th Jan
Practice notes
This Practice Note considers ‘pay when paid’ clauses and ‘pay when certified’ clauses in construction contracts, and the relevant provisions of the...
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Produced in partnership with Womble Bond Dickinson 12th Jan
Practice notes
This Practice Note provides an overview of what interim payments are, how the right to be paid (usually by monthly or stage/milestone payments) arises...
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9th Nov
Practice notes
Produced in association with 4 Pump CourtPrinciples of natural justiceIf an adjudicator breaches the rules of natural justice during the adjudication...
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9th Nov
Practice notes
The JCT Pre-Construction Services Agreement was launched in 2008. A revised edition was published in 2011 to incorporate the amendments to the Housing...
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9th Nov
Practice notes
This Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of inadequacies that...
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9th Nov
Practice notes
Scott Schedules are often very useful in construction disputes. They help to identify the key issues between the parties, and to set out for the judge...
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Produced in partnership with James Bowling of 4 Pump Court 12th Jan
Practice notes
This Practice Note considers the status of the programme in a construction contract, what difference it makes if the programme is a contract document...
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9th Nov
Practice notes
This Practice Note identifies the key parties involved in most construction projects (including the employer, the contractor, the professional team of...
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9th Nov

Most recent Adjudication enforcement and challenges content

Practice notes
This Practice Note considers the availability and use of declarations under CPR 8 in relation to adjudication proceedings. It looks at the various...
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Produced in partnership with 4 Pump Court 16th Apr
Practice notes
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...
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8th Apr
Practice notes
Produced in association with 4 Pump CourtThis Practice Note sets out the bases on which a jurisdictional challenge may be brought in respect of an...
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8th Apr
Practice notes
On receipt of an adjudicator’s decision, the parties’ options are, broadly, to comply with the decision, or to challenge or resist it. In many cases,...
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8th Apr
Practice notes
This Practice Note provides links to adjudication Precedents available for use by a referring or responding party—both during the adjudication and in...
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8th Apr
Practice notes
Produced in association with 4 Pump CourtThis Practice Note considers the possibility of using insolvency proceedings to enforce an adjudicator’s...
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8th Apr
Practice notes
Produced in association with 4 Pump CourtThe issue of severance normally arises in an enforcement application where the court has upheld a...
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8th Apr
Practice notes
Produced in association with 4 Pump CourtThe courts have repeatedly held (see eg Ferson Contractors v Levolux) that the policy behind the Housing...
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8th Apr
Practice notes
Produced in association with 4 Pump CourtThis Practice Note discusses the following topics:•the ability of parties to raise fraud allegations during...
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8th Apr
Practice notes
Produced in association with 4 Pump Court.This Practice Note provides a summary of the options available to a party wishing to prevent enforcement of...
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8th Apr
Practice notes
Produced in association with 4 Pump CourtPrinciples of natural justiceIf an adjudicator breaches the rules of natural justice during the adjudication...
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8th Apr
Practice notes
Produced in association with 4 Pump CourtThis Practice Note looks at preventing enforcement of an adjudication decision by obtaining a stay of...
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8th Apr
Practice notes
This Practice Note looks at an adjudicator’s jurisdiction/authority, including how it arises, the ability of an adjudicator to make a binding decision...
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Produced in partnership with 4 Pump Court 31st Mar
Practice notes
Produced in association with 4 Pump CourtThis Practice Note looks at what an adjudication decision encompasses, whether (and to what extent) reasons...
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23rd Mar
Practice notes
Coronavirus (COVID-19): The Technology and Construction Court (TCC) has adapted the standard directions for adjudication enforcement to accommodate...
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Produced in partnership with 4 Pump Court 19th Mar
Practice notes
This Practice Note looks at raising objections to the jurisdiction of an adjudicator, including whether a party needs to make a challenge, how an...
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Produced in partnership with 4 Pump Court 16th Mar
Q&As
There are several key areas to consider—the ability of a company in administration to bring a claim, whether a claim can be brought against a company...
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15th Feb
Q&As
STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR...
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Produced in partnership with Carly Schiff of Boyes Turner 15th Feb
Q&As
This Q&A assumes that there is a dispute as to valuation of works carried out under a single unified construction contract between a contractor (C)...
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Produced in partnership with Ryan Turner of Lamb Chambers 15th Feb

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