The following Construction practice note provides comprehensive and up to date legal information covering:
This Practice Note examines the involvement of the Technology and Construction Court (TCC) in alternative dispute resolution (ADR).
In addition to hearing cases at trial, the TCC has an important role to play in relation to other forms of dispute resolution. This role encompasses:
supervising matters relating to existing arbitrations, including:
hearing an appeal of an arbitrator's award on a point of law
challenges to an award for serious irregularity
challenges to an award on grounds of jurisdiction
enforcement of an arbitrator's award in the same manner as a judgment or order of the court
granting a stay of court proceedings
accepting, where appropriate, an invitation of the parties to sit as an arbitrator
hearing applications in relation to adjudication under the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), including:
enforcement of an adjudicator's decision, see Practice Note: Enforcing an adjudicator's decision in the TCC
disputes over the jurisdiction of an adjudicator, see Practice Note: Making a jurisdictional challenge
disputes over whether there is a contract that entitles the parties to adjudicate under the HGCRA 1996, see Practice Note: What is a construction contract under the HGCRA 1996?
The TCC also actively encourages parties to consider using ADR where they would otherwise commence court proceedings and proceed to a court trial. This Practice Note examines how the TCC does this by its promotion of
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Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an
This Practice Note provides a high-level introduction to diversity and inclusion (D&I) and key reasons why it is important to law firms. Specific aspects of D&I are covered in more detail in Practice Notes:•The growing focus on diversity and inclusion (D&I) in law firms•Unconscious bias—law
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