Melville Dundas Ltd v George Wimpey UK Ltd [2007] 1 WLR 1136 HL - The first decision by the House of Lords on the payment provisions of the HGCR Act. By a majority of 3-2, the appeal of the appellant employer succeeded, the contractor had previously been successful; n the Court of Session. The contractor had gone into receivership, entitling the employer to terminate the (JCT 1998) contract, but the contractor claimed interim payments due in the absence of a withholding notice.

The regular Construction Act Review concentrates on the use of injunctions in conjunction with adjudication in three main situations: enforcement of an adjudicator’s decision, freezing orders and restraint of continuation of an invalid adjudication. Particular attention is given to Workplace Technologies v E. Squared (Paul Darling QC).

Cantillon Ltd v Urvasco Ltd - Already reported in BLR, in a piling dispute referred to adjudication, the defendant argued unsuccessfully that the adjudicator had breached the rules of natural justice.

Abnormally low tenders create serious risks – as was demonstrated by the collapse of Connaught plc in September 2010 – but the law about them is ambiguous.

Construction, Property & Real Estate round-up.

Quietfield v Vascroft - The article considers the propositions that the judgment of Jackson J, subsequently upheld by the Court of Appeal in Quietfield v Vascroft (Matthew Holt and Abdul Jinadu, was right, but that Quietfield’s concession on natural justice was wrong, and that the adjudicator’s error resulted in an excess of jurisdiction.

See "William Hare v Shepherd Construction" under Keating Chambers Reported Cases on the insolvency exception to the pay when paid provisions of the HGCR Act.

PC Harrington Contractors Ltd v Multiplex Constructions (UK) Ltd [2008] CILL 2544 TCC A sub-contract on the Wembley Stadium project contained provisions for interim payments. Following a dispute between main contractor Multiplex and concrete sub-contractor Harrington, Multiplex referred the matter to adjudication. Harrington argued that on the figures which it claimed were established, it should start the adjudication with £2.3 million in hand and claimed a declaration to that effect.

An adjudication decision in favour of Tyroddy was held not to be enforceable because the adjudicator had failed to consider a defence put forward by Harrington.

Two distinguished US international arbitrators recently published an outspoken attack on two distinguished European arbitrators, following their own publication of articles questioning the impartiality of party-appointed arbitrators.

Round up of recent cases.

Monthly round-up of recent Construction industry updates.

The defendant main contractor failed in its argument that the adjudicator’s decision was merely declaratory of the position between the parties which could be reflected in future certification and payment procedures.

"One of the few reported judgments relating to the NEC form of contract" as the Con LR Editors remark. It concerns the relationship between HGCR Act adjudication provisions and the dispute resolution provisions of the (amended) NEC contract used for a sewage works project.

Global claims, variously known as "rolled-up" or "total-cost" claims are a modification of the following basic principles of contractual claims, so far as a tribunal will allow such modification.

Halliwells, the client, as respondent in an adjudication, invited the RICS-nominated adjudicator to withdraw for lack of jurisdiction and denied liability for his fees and expenses.

In this episode of our 'Across the Pond' podcast, Charles and Kwadwo are joined by guest Krista Lee KC, a barrister at Keating Chambers.

In a recent case, the court had to consider whether in response to an application for disclosure, correspondence with Knowles Ltd, a claims consultancy that employed personnel with legal qualifications and which had been retained by the defendants to provide 'contractual and adjudication advice' was covered by legal professional or legal advice privilege.

The issue of costs has troubled adjudicators and the courts since the Housing Grants Construction and Regeneration Act 1996 was introduced. This article seeks to clarify the statutory position in the light of the case law.

A round-up of recent Construction industry updates.