Articles - DAC Beachcroft

Articles

June 2023

Take note: The Adjudicator's decision will be enforced

Take note: The Adjudicator's decision will be enforced

This case relates to a dispute between Northumbrian Water Ltd ('NWL') and Doosan Enpure Ltd ('Doosan') and others regarding the enforcement of an adju ...

Second edition of the Low Value Disputes Model Adjudication Procedure is out now

Second edition of the Low Value Disputes Model Adjudication Procedure is out now

The Construction Industry Council (CIC) has published the second edition the Low Value Disputes Model Adjudication Procedure (LVD MAP).1While adjudica ...

Required or Desired?

Required or Desired?

A review of (1) Avantage (Cheshire) Ltd (2) Cheshire East Borough Council (3) Your Housing Ltd v (1) GB Building Solutions Ltd (in administration) (2) ...

A robust approach to adjudication enforcement

A robust approach to adjudication enforcement

The Scottish courts have confirmed a robust approach to adjudication enforcement and reinforced the high evidential bar required to make a successful ...

Directions from the Court of Appeal on use of Part 8 proceedings in adjudication

Directions from the Court of Appeal on use of Part 8 proceedings in adjudication

This Court of Appeal judgment raises issues arising out of the parallel jurisdictions of an adjudicator, on the one hand, and the courts, on the other ...

The ability to set off in Adjudication is extremely limited

The ability to set off in Adjudication is extremely limited

In FK Construction v ISG Retail [2023] EWHC 1042 (TCC) the Court considered whether it was permissible for a party to set-off the sums owed to it from ...

The correct approach: where parallel Part 7 enforcement proceedings and Part 8 proceedings are afoot

The correct approach: where parallel Part 7 enforcement proceedings and Part 8 proceedings are afoot

Background Sleaford commenced an adjudication to recover sums, it said, had been overpaid to Isoplus. Sleaford also requested that the Adjudicator pro ...

Limitation can be used to resist enforcement of an adjudicator's decision

Limitation can be used to resist enforcement of an adjudicator's decision

Facts In 2014 LJR Interiors Limited (LJR) undertook dry lining, plastering and screed works for Cooper Construction Limited (Cooper), under a written ...

Construction Risks Newsletter- June 2023

Construction Risks Newsletter- June 2023

DAC Beachcroft's Construction Risks Newsletter features topical issues in construction Building Safety is a the forefront of this quarter's newsletter ...

“Beware dangers on rural roads”

“Beware dangers on rural roads”

NFU Mutual has issued a warning to those driving on rural roads as we approach the season of increased agricultural activity and heavier leisure traff ...