´Where to now? Construction case law update´

First given as a seminar on Wednesday 29^th June 2005

Introduction

This is a selection of construction cases reported in 2005 (thus including a number decided in 2004). The ones chosen are intended to offer clarification or demonstrate development of the law; they are not an encyclopedic collection of every case in the specialist law reports.

The case selection is divided into four sections:

1. Adjudication
2. Arbitration/ADR
3. Construction Contracts
4. Negligence liability

This is the Court of Appeal hearing of the TCC decision on the effect of incorrect identification of a named adjudicator and his subsequent death. AMEC succeeded in its appeal against the judge’s finding of breach of natural justice. The mere fact that a tribunal has previously considered the issue raises no inference of bias and neither the legal advice received by the adjudicator on jurisdiction nor a