Simon Tolson, Honorary President of TeCSA discusses the launch of a six month Low Value Dispute pilot, to be trialed by the TeCSA Committee.
"TeCSA Low Value Dispute Adjudication Service (LVDs)"
"The New 2017 FIDIC Red, Yellow and Silver Books"
This presentation by Nicholas Gould, Partner, delivered to the Society of Construction Law (Gulf) in Dubai, focused on the new FIDIC releases.
Simon Tolson, Senior Partner, discusses the key characteristics of an effective Adjudicator including attributes and skills and ANB Evaluation Processes from TeCSA point of view.
"Adjudication costs: the law of diminishing returns?"
Claire King’s Insight Article on Adjudication Costs has now been published by the Institute of Civil Engineers in their publication Construction Law Quarterly (Management, Procurement and Law, Volume 170 Issue MP2). The article examines the various, and ever more inventive, arguments that parties have sought to raise in an attempt to recover their adjudication costs in recent years.
“Case law update – Adjudication”
Victoria Russell provided a case law update paper and talk to the members of the South East branch of the Chartered Institute of Arbitrators discussing the most recent decisions relating to adjudication enforcement and arbitration.
Meaning of “construction operations”
Restricting or “pruning” the issues in dispute
Contact with adjudicators
Jurisdiction – correct adjudication procedure
Adjudicator appointment process
Payless Notices and Insolvency
Contracts for construction operations
Paying the Adjudicator’s Fees
Order for delivery up of documents
Whether previous dispute actually decided
Delegation of Decision Making Function
More than one dispute
Implied Term where the Scheme could not remedy breach of the HGCRA 1996
"FIDIC Dispute Adjudication Boards"
Out of all of the provisions to be found in the FIDIC form, the provisions of Clause 20 have attracted, by far, the most comment. Jeremy Glover discusses one of the potential hurdles that need to be overcome with Clause 20 which is the appointment of the DAB itself. Jeremy also discusses two recent decisions which address the issues of Clause 20.