enews

Exploiting an adjudicator’s legal error – severing the issues

Can the court rules be used to defeat enforcement of an adjudication decision?

Get ready to rumble: Round 2

Following our advice on preparing for an adjudication we share tips on how to handle yourself once an adjudication notice lands.

Two bites of the cherry? “Res Judicata”

Where the parties have a continuing relationship, beware the possible loss of your rights in a second dispute.

Definition of “primary site activity” – exceptions to Construction Act

Contracts for operations on a site where the primary activity is power generation are not covered by the Construction Act – but what does “primary” mean?

Enforcing contractual clauses to mediate, not litigate – new rules are developing

Many commercial agreements now include clauses requiring structured negotiation and then mediation as a precursor to involving the Courts – but are these clauses enforceable? Can you be made to negotiate?

Get ready to rumble: Round 1

Everyone wants construction projects to go as smoothly as possible. But things don’t always go to plan and that can lead to debate, fall-outs, disputes and adjudication.

Careless claims can lead to fraud proceedings

Fraud is a hard allegation to prove, but can be a devastatingly successful legal argument.

Meaning and effect of the expression “subject to contract”

People often use technical legal terms, but don’t always understand their effect.

When a stipulation for a written contract may be overridden by events

Every year, confusion caused by inappropriate letters of intent drags people into court, with surprising consequences.

Can a building regulations certifier be sued in tort by the occupier of a defective building?

The inspector deliberately certified as safe a building with serious fire risks – what happened next?