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Application of the Defective Premises Act duties to approve building inspectors
The Building Act 1984 provides for Approved Inspectors to inspect new buildings and issue certificates. Does this make them responsible for defective premises?
Only a dispute which has crystallised can go to adjudication – but when/how does a dispute crystallise?
Crystallisation – again
In this case the Scottish Courts tackled the same question of when a dispute crystallises for adjudication purposes
Unjust Enrichment payment awarded in a fixed price contract
If an agent finds a Buyer for a property, has the agent any rights if the property is then sold for less than the agreed target price?
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.