Contracts and professional appointments
- Building contracts and contractors
- Engineering contracts
- General contract and boilerplate
- International construction contracts
- Professional appointments and liabilities
The effect of a failed adjudication on the JCT final certificate "conclusive evidence" clause
Senior associate, James Clarke: "As long as a valid notice of adjudication is given, that is enough to trigger the saving proviso... Once triggered, the saving proviso cannot be reversed."
Privilege and adjudication revisited
Director, Jonathan Cope: "What [Rawlinson & Hunter v Akers] shows is how strictly the courts will apply the dominant purpose test and, as a result, advice produced prior to and unconnected to an adjudication is unlikely to be covered by litigation privilege."
Hillcrest Homes v Beresford & Curbishley: a bridge too far
Partner, Michael Hopkins: "On receipt of CPR Part 8 proceedings, the respondent needs to weigh up its prospects on all issues before deciding whether or not to contest them."
Are adjudication costs recoverable or not?
Barrister, Jessica Stephens, Keating Chambers: "Parties spend significant sums on adjudication... Many claims consultants are now advertising their services on the basis that costs (that is, their fees) are recoverable by referring parties. In this environment, it should not be too long before a court is troubled with these issues."
Ask questions, browse answers and share your knowledge. Read our scope and rules.
- Do you have a collateral warranty from the contractor to the employer?
- Should you re-tender when appointing a replacement contractor to complete a project?
- What loss arises from breaching a framework agreement that does not guarantee any work?
- Is a wall that evolved from a garden wall into a flank wall a party wall?
- As I have updated my claim, do I need to serve another letter of claim?
For a Q&A guide to construction and projects law and developments in key jurisdictions, see Construction and projects multi-jurisdictional guide.
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Autumn 2014, London.
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