Ryan Turner

This Q&A considers how the referring party in an adjudication can ensure valid service of notices on the responding party when it discovers that the responding party no longer occupies the address given for it in the contract and the contract is silent on whether documents can be served by email.

This Q&A considers how monies paid into the Court Funds Office are dealt with where they remain unclaimed after a number of years, including considering whether the original paying party would have a right to reclaim the monies paid.

This Q&A concerns whether a third party debt order can be made against solicitors currently holding funds from the sale of a property part owned by the judgement debtor.

This Q&A considers whether an employer in a construction contract must let a contractor return to site to rectify defects within the defects liability period (also known as the rectification or defects notification period) after practical completion, even though there are significant problems with the workmanship of the contractor.

This Q&A considers the ongoing enforceability of a collateral warranty and/or a manufacturer’s warranty where the employer (or a third party) has carried out remedial work on the structure/works which are the subject of the relevant warranty.

This Q&A considers whether it is necessary for a homeowner to comply with the second edition of the Pre-Action Protocol for Construction and Engineering Disputes.

This Q&A considers the options open to a party that has not instructed a legal representative prior to proceedings and wishes to defend a claim, but needs more time in order to formulate its response.

This Q&A considers the approach to be taken by a party who has settled a claim pre-action by accepting a Part 36 offer but has been unable to agree the costs to be paid.

This Q&A considers the rules applicable where a claim is issued against a named defendant, but there is a mistake either in the naming or identification of the correct defendant to the claim.

This Q&A considers the contractor's entitlement to payment on termination, under an NEC4 Option A ECC.

This Q&A considers whether a witness statement can be relied on at trial if the witness has since died.

This Q&A considers what rights a party may retain after a construction contract is terminated or rescinded. In particular, it looks at whether dispute resolution clauses have ongoing application/force and at what remedies remain available after termination (such as liquidated damages).

This Q&A considers the steps a party should take to accept a Part 36 offer and the further steps that a party should take to notify the County Court Money Claims Centre in this respect.

This Q&A considers a reference to counsel’s opinion in inter partes correspondence constitutes a waiver of an LPP.

This Q&A considers whether a sub-contractor can commence one adjudication in respect of multiple interim payment applications or whether this is prohibited due to the fact that an adjudicator only has jurisdiction to decide a single dispute within the adjudication. The Q&A assumes that HGCRA 1996 applies and that the terms of the Scheme for Construction Contracts, SI 1998/649 govern the adjudication.

This Q&A considers whether a party can resile from a settlement agreement they have entered into on the basis that, although they were legally represented when they entered into the agreement, they did not actually understand what they were agreeing to.