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."
Notice of adjudication held to be valid despite "defects"
Director, Matt Molloy: "By now Valentine's Day had come and gone, roses were wilting and cards consigned to the recycling bin. It was 21 February. The deadline for the conclusivity clause had passed and the first adjudication had floundered for jurisdictional reasons."
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 precedent deed of amendment to a professional appointment?
- What are the differences regarding exclusions of liability for negligence versus breach of contract?
- Why did the JCT's Revision 2 2009 of its 2005 editions add a reference to statutory undertakers in clause 6.1?
- What do "attain" and "satisfy" mean in the context of a performance guarantee on an engineering project?
- What happens when more than one party may be liable for the loss suffered due to negligent design?
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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