Adjudication practice and procedure

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Practice notes
This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...
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9th Nov
Practice notes
What is a target cost contract?A target cost contract is a type of cost reimbursable contract under which the contractor is paid the ‘actual cost’...
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9th Nov
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 looks at Employer’s Requirements (also referred to as ERs) within a building contract. It explains what Employer’s Requirements are...
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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
What is a letter of intent?Letters of intent are used in construction and engineering projects to allow the employer to mobilise a contractor before...
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9th Nov
Practice notes
While tort claims are not as common in construction projects as breach of contract claims, they do still arise and it is not uncommon for a claimant...
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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
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
What is sectional completion?Where the construction contract splits the works into sections or parts, usually to be started at different times, there...
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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 9th Nov
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 9th Nov
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
If a party is said to have ‘design liability’, it means that it bears legal responsibility for all or part of the design of a construction/engineering...
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9th Nov
Practice notes
Produced in association with 4 Pump CourtParties to a 'construction contract' have the right to refer any dispute that has crystallised to...
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9th Nov

Most recent Adjudication practice and procedure content

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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29th Nov
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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6th Nov
Q&As
Every dispute referred to an adjudicator is defined by reference to the notice of adjudication—a referring party is not entitled to increase the scope...
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Produced in partnership with 4 Pump Court 29th Sep
Q&As
Retention is the name given to the amount of money the employer retains from interim payments as security for the future performance of the...
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28th Sep
Q&As
There are several limitation periods that may be potentially relevant in the context of an adjudication decision. These are the periods in which to...
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28th Sep
Q&As
Many construction contracts will contain express clauses which allow either the contractor or the employer to terminate on the happening of a specific...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 28th Sep
Q&As
The answer depends entirely on the provisions of the contract. The starting point is that if the contract is a construction contract within the terms...
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Produced in partnership with Abdul-Lateef Jinadu of Keating Chambers 28th Sep
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 28th Sep
Q&As
Yes, bank holidays are excluded when calculating the time period in an adjudication under the Scheme for Construction Contracts.The Scheme for...
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28th Sep
Q&As
There is no free standing right to interest in an adjudication (see the Court of Appeal decision of Carillion Construction v Devonport Royal...
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Produced in partnership with Abdul-Lateef Jinadu of Keating Chambers 28th Sep
Q&As
When assessing the rights that have accrued under a contract, it is important to separate two entirely distinct ways in which a contractual...
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Produced in partnership with Ryan Turner of Lamb Chambers 28th Sep
Q&As
The Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) only applies to a ‘construction contract’, namely a contract that satisfies...
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28th Sep
Practice notes
Produced in association with 4 Pump CourtThis Practice Note considers:•the entitlement to submit further submissions in an adjudication beyond the...
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26th Sep
Practice notes
Produced in association with 4 Pump CourtThis Practice Note explains that it is possible for a referring party to abandon an adjudication, which has...
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26th Sep
Practice notes
Produced in association with 4 Pump CourtThis Practice Note considers whether it is possible to have an adjudication between three or more parties...
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26th Sep
Practice notes
This Practice Note considers the requirements for a dispute to be capable of referral to adjudication. In summary, a dispute must:•have...
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26th Sep
Practice notes
Produced in association with 4 Pump CourtARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note covers a requirement...
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26th Sep

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