NEC3 Conditions of Contract (as amended): How many potholes constitute a Compensation Event? – Adjudication, Arbitration and then High Court (TCC)
“…Socrates to Hermogenes: ‘Well, now, let me take an instance; suppose that I call a man a horse or a horse a man, you mean to say that a man will be rightly called a horse by me individually, and rightly called a man by the rest of the world; and a horse again would […]
Arbitration Act 1995 and the Insolvency Rules 1986: Guidance from the High Court
Charles Edwards, Barrister and TECBAR Adjudicator, reviews the case of Philpott & Anor v Lycee Francais Charles De Gaulle School [2015] EWHC 1065 (Ch). This case provides useful guidance on the High Court’s approach to an application for directions under Insolvency Rules 1986, r. 4.90 where there is a valid arbitration agreement in the Contract […]
Adjudicator’s Decisions: Recovery of overpayments, Time Bars and Limitation Periods – Supreme Court Guidance
Charles Edwards, Barrister and TECBAR Adjudicator reviews a decision of the Supreme Court which raises important issues about the effect of Adjudicators’ decisions pursuant to the provisions implied into construction contracts under section 108(5) of the Housing Grants, Construction and Regeneration Act 1996 and the Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI […]
Dangers of proceeding with construction works on Letter of Intent
Charles Edwards, Barrister and TECBAR Adjudicator reviews a High Court Judgment with regard to the dangers of using Letters of Intent. In Ampleforth Abbey Trust v Turner & Townsend Project Management Ltd [2012] EWHC 2137 (TCC), the High Court (TCC) found the Employer’s Project Manager liable for the Employer’s losses which had been caused by […]
