Adjudication Adviser: Construction Newsletter - April 2014
Published 29 April 2014
Since our last update there have been a number of useful decisions providing guidance on the definitions found in the Housing Grants, Construction and Regeneration Act 1996 ("Construction Act") and how the Scheme for Construction Contracts ("Scheme") is to be interpreted. If nothing else this latest batch of cases illustrates the ways in which parties are continuing to seek to resist the enforcement of Decisions.
This edition reviews the Decisions that look at the procedural and technical aspects of adjudication.
Notice of adjudication – Scope of the Notice
Wales and West v PPS Pipelines – this is a useful illustration concerning attempts to limit the dispute set out in a Notice of Adjudication. The Court found that the dispute could be expanded to encompass other issues.
Notice of adjudication
University of Brighton v Dovehouse – the Court considered whether a Notice of Adjudication had been bought within the time allowed to challenge a Final Certificate.
Construction Act – definition of "Site"
Laker Vent v Jacobs – the Court gave useful guidance on the definition of "Site" for the purposes of S.105(2)(c) Construction Act, enforcing a number of decisions.
Contract – One or six contracts?
Viridis v Mulalley – the Court considered whether there were one or multiple contracts between the parties. It provides useful guidance as to what will be judicially considered as a variation of an original order or separate orders.
Contract – Incorporation of terms in a Letter of Intent
Twintec v Volkerfitzpatrick – the Court considered whether a standard form of contract and adjudication provisions had been incorporated in a Letter of Intent.