Macob Civil Engineering Ltd v Morrison Construction Ltd [1999] EWHC Technology 254

Construction Focus: Politics of the judiciary

John Starr focuses on three cases that highlight pitfalls for the construction law practitioner ‘What effect would an application to correct a slip in the decision have on a party’s ability subsequently to raise a jurisdictional challenge?’In this article I examine three recent cases of interest: Dawnus Construction Holdings Ltd v Marsh Life Ltd [2017], …

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Construction Focus: Challenging arbitration awards

John Starr reviews the courts’ stance on such challenges, and considers the case law ‘Appeals under s69 are not as common as challenges under ss67 and 68 and are even less likely to succeed.’ No one likes to lose, which is why so many awards and decisions are challenged. This column has, on several occasions, …

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Limitation: Stop the clock?

Sarah Carmichael discusses limitation and adjudication ‘Limitation is not ordinarily a concern at the outset of adjudication but the limitation bar might descend to block later referral of the underlying dispute to a court or arbitrator for final determination.’The Housing Grants, Construction and Regeneration Act 1996 (the Act) introduced adjudication as an expedient method to …

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Construction Adjudication: A stay of execution

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Heath Marshall looks at recent challenges to the decisions of adjudicators and how the financial position of the winning party can affect their outcome ‘The courts have stated that, in enforcement proceedings, they will consider the financial circumstances of both parties if appropriate, although the outcome of such consideration has historically been capricious.’The decisions given …

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