Fraud in Construction Adjudication

Introduction This blog considers the extent to which an adjudicator can decide an issue of fraud which amounts to the subject matter of an adjudication or arises in an adjudication referred under the Act[1]. It further considers the related issues…

Construction Case Update – Adjudication – Part 4 of 2018

The Enforcement of Adjudicators’ Awards under the Housing Grants, Construction and Regeneration Act 1996: Part 4 of 2018 Kenneth T. Salmon and Katy Ormston This article forms Part 4 of the series of articles continuing the reporting and review of cases on…

Allocating risk under Building Contracts

Parties to a building contract are required to deal with a variety of risks that may affect them during a construction project. Some risks are common to most building projects but others may be project specific. It is imperative when…

Contractor insolvency – an Employer’s viewpoint

The construction industry depends on regular cash flow and the financial disaster of contractor insolvency can derail an entire construction project. Here we consider the measures an employer may take to protect itself from a contractor becoming insolvent during or…

Adjudication Cases Part 1 of 2018

This series of articles continues the reporting and review of cases on the enforcement of adjudicators’ awards begun in the Journal of the Chartered Institute of Arbitrators. 107473.001 SH Construction Case Booklet FIN[1] This document is available to be read…

The end of Smash & Grab adjudications?

Will Mr Justice Coulson’s TCC swan song in the case of Grove Developments Limited v S&T (UK) Limited [2018] EWHC 123 (TCC) signal the end of so-called “smash and grab” adjudications? Here we consider the potential impact of this case…