First Supreme Court decision on construction adjudication
Adjudication continues to feature prominently in the work of the TCC in the UK. Martin Ewen discusses the first adjudication case to reach the Supreme Court.
This year’s Annual Review highlights a number of important legal and industry developments from the past year in the UK and internationally. We examine key milestones, including the Supreme Court’s decision in Aspect v Higgins, the first adjudication enforcement case to reach the UK’s highest court , which clarified the time limits for commencing legal or arbitral proceedings where a party has complied with an adjudicator’s decision but seeks to have the underlying dispute finally determined in its favour.
As the Government’s 2016 deadline for the use of Building Information Modelling (BIM) on centrally procured projects approaches, we consider the latest developments in this area. We also revisit last year’s discussion on design duties, exploring further the distinction between obligations of fitness for purpose and reasonable skill and care. While we await the updated editions of FIDIC’s Rainbow Suite of contracts, we report on significant developments both domestically and internationally, including the enforcement of Dispute Board decisions, contractor claims relating to unforeseeable ground conditions, and issues arising from failures to proceed with due diligence.
