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Exploiting an adjudicator’s legal error – severing the issues
Can the court rules be used to defeat enforcement of an adjudication decision?
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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.
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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.
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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?
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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?
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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.
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Careless claims can lead to fraud proceedings
Fraud is a hard allegation to prove, but can be a devastatingly successful legal argument.
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Meaning and effect of the expression “subject to contract”
People often use technical legal terms, but don’t always understand their effect.
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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.
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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?