Yosof Ewing

A Short Guide To Navigating Adjudication. Visit our blog to see our latest post on navigating adjudication. The guidance includes: The Steps to Take. Tips on How to Enhance Your Chance of a Favourable Outcome. If you require assistance do not hesitate to get on touch for a free review. #constructionclaims #disputeavoidance #disputeresolution https://lnkd.in/eQ-gd9Cd

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"One of the issues to be determined was whether clause 9(5) [written notice of delay] was a condition precedent [to EOT]... FK argued... that ISG had waived its entitlement to enforce the clause and/or was estopped from doing so... ..the court took the view that there was "an arguable case of waiver and/or estoppel which has a real prospect of success". While this does not mean such arguments would succeed... it is a reminder that certain employer behaviours could result in not being able to rely on the contractual provisions that govern entitlement." #time #bars #conditions #precedent #construction #engineering #law #business #management #future

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Jurisdictional challenges are common in UK construction adjudication, and a common approach taken by responding parties is to reserve the right to object to an adjudicator's jurisdiction and then participate in the process. It is important to do this correctly to preserve that right.

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Can a collateral warranty document in a construction project be adjudicated? For the last 11 years, since Parkwood v Laing, the courts have allowed disputes under warranties from contractors and construction professionals to be dealt with temporarily under the high speed, high pressure dispute process known as adjudication. In the recent case of Abbey Healthcare v Augusta, [2024] UKSC 23, the Supreme Court emphatically rejected this approach, reversing the Court of Appeal's decision and over-ruling Parkwood.  This is very good news for warrantors and their professional indemnity insurers. Adjudication is a special remedy, meant only for actual construction contracts. It is designed to protect cashflow and provide a fast, temporary fix during live construction projects. This special remedy should not have been extended to secondary arrangements meant only to facilitate related funding and investment or conveyancing transactions. The Supreme Court has taken a clear policy decision to confine the statutory remedy of adjudication to contracts under which building works or professional building services are performed.

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'The adjudicator incorrectly interpreted the meaning of ‘days’ under the contract, awarding HCA delay costs for 26 days instead of 18 days. HCA accepted that this was jurisdictional error, however, it submitted that the court declare only the difference between the amounts to be void. Karam... submitted that the EOT Claim should be set aside on the grounds of apprehended bias and procedural fairness. The court set aside the LD Claim and the Variation in full but allowed a modified EOT Claim of $130,680, finding that part of the decision was unaffected by jurisdictional error." #now #in #hongkong #construction #sop #securityofpayment #engineering #law #business #management #future

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🚧 Always great to atrend the CDA Monthly Meeting: Principal Designer Duties! 🚧 In the fast-moving world of construction, it's crucial to consider perspectives from those actively involved in the industry and their specific duties. At the latest Construction Development Alliance meeting, we’re focused on the vital role of principal designers. Here are some top tips for those in the industry: 🔍 Risk Management: Understanding and mitigating potential hazards early in the design process is essential. 📜 Compliance: Keeping up with regulatory requirements and best practices ensures our projects meet all safety and legal standards. 🤝 Collaboration: Seamless communication and coordination between all stakeholders are necessary for successful

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I've just recorded the next episode of No Disputing That, with my special guest Len Bunton - Bunton Consulting. This will be of particular interest to anyone engaged in the construction sector. Hopefully it will be ready for publication tomorrow #NoDisputingThat #podcast #construction #constructiondisputes #ADR #arbitration #mediation #adjudication #conflictavoidance Conflict Avoidance Coalition Hunt ADR https://lnkd.in/e-9d8cVM

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We will shortly be announcing a series of dates for construction seminars at our offices in Glasgow, Newcastle, Leeds and Manchester. I will be discussing all things Construction Health & Safety whilst my colleagues will address a range of practical topics such as termination, liquidated damages, payment notices and letters of intent. If you are interested and would like to be on the invite list please click on the link below. https://lnkd.in/effWYJWF #constructionlaw #healthandsafety #construction #healthandsafetylaw

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"...it can be difficult to determine when a binding contract is concluded, particularly where there are urgent negotiations between the parties in order to commence work quickly. Difficulties can also arise when negotiations take place over a protracted period or when using multiple channels of communications, including newer methods such as WhatsApp messaging. If a party starts to perform its obligations under a contract before the contract is concluded, that party may not be entitled to rely on the terms that have been agreed or be entitled to be paid. Two recent judgments from the English courts both found that the parties had failed to conclude binding contracts." #no #binding #contract #no #payment #construction #law #engineering #business #management

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This latest testimonial comes from the responding party in a recent adjudication where I was engaged to provide an independent expert report. Unlike the referring party, which relied on a theoretical analysis, I conducted a fact-based analysis tailored to the specific circumstances and available information. This approach allowed for an understanding of the issues at hand, leading to the most appropriate and effective analysis. The adjudicator's decision to side entirely with my findings underscores the importance of context-specific analysis. #planetal #construction #adjudication #disputeresolution #projectmanagement

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Can an Ajdudicator's error be corrected❓ "...the Judge set out the test for when the Court will correct an error within an adjudicator's decision or award... ...the Judge applied a three-stage test [requiring] the following criteria to be satisfied: 1) that there is a short and self-contained issue which arose in the adjudication and which the defendant continues to contest; 2) no oral evidence is required for the issue, or any other elaboration beyond which is capable of being provided during the hearing in respect of enforcement; and 3) that the issue is one which would be unconscionable in the context of a summary judgment application for the Court to ignore." #now #in #hongkong #construction #sop #securityofpayment #engineering #law #business #management #future

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Warning ⚠ - Good News Contained Within !! ⬇ ⬇ ⬇ Whilst on leave I received and email advising that a client had avoided disputes reaching formal proceedings due (in part) to the works that had been undertaken. Although I can't go into the specifics of the issues, what I can say is that there was a number of lessons learnt that will go a long way to prevent or minimise similar issues in the future for this client. And without trying to sound like a broken record, there are cost effective benefits to take advantage of by engaging expert services and advice from the start of your project, rather than waiting for a dispute or disputes to crystalize. Interested in learning how to safeguard your commercial and project interests? then let's talk. #CommercialManagement #ClaimsManagement #ProjectManagement #Construction #Engineering #ADR #Advice

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Into the final day of working with a group of construction industry professionals attending the #LeadersInConstruction programme Been a privilege to partner with Institute of Government & Public Policy and Mike Hurst over three years in creating and sustaining the programme We create a space to enable leaders to explore themes of leadership, culture, strategy, teams and change as applied to the construction industry in turbulent times On this final day we make it personal. What does 'leadership' mean for you in your direction of travel in work and life, and how do you balance the two? We often find that this is the element of the programme that participants find most valuable. The hustle and bustle of the everyday crowds out the space to be reflective, and we encourage people to be deliberately indulgent in using the space for that purpose. I'd say it's more important than ever in today's world that we put the human dimension of leadership centre stage as part of who we are as well as the roles we play. Connect with me if you're interested in exploring any of the above in 1:1 coaching or in designing a learning programme for a group of leaders.

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Do you work with sash window installations and often struggle with the legal aspects of our sector? If so then read on... Navigating the legal paths of sash window installations can be tricky but is vital. A misstep could cost you time, money, and reputational standing. But don't worry; today, I'm bringing you a simple, practical guide outlining the main legal areas, from planning permissions to insurance necessities. In our recent newsletter at 'The Landmark Way', we provided a comprehensive scoop on these legalities. The guide includes important topics: 1️⃣ Planning Permission: Understanding when it's required. 2️⃣ Building Regulations Act: Importance of compliance. 3️⃣ FENSA Regulations: Understanding their impact. 4️⃣ Contract Legalities: Ensuring transparency and protection. 5️⃣ Insurance: Protecting your work and reputation. For the full guide and detailed insights, please check out our newsletter post: 'Navigating the Legal Maze' Never underestimate the importance of staying informed and updated about the legal landscape. Equip yourself with knowledge - because being forewarned is being forearmed! #SashWindows #LegalGuide #LandmarkWindows

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Tender Writing Services On Latest Business Offers. Title: Tender Writing Services for Construction in Leeds | Tender Writing Services Link: https://lnkd.in/ed-xHufR Tender writing services for construction play a pivotal role in navigating the complex landscape of bidding for projects within the industry. Our services provide invaluable assistance in crafting compelling and comprehensive tender proposals tailored to specific project requirements. Our skilled writers at Tender Writing Services adeptly articulate construction companies' strengths, capabilities, and unique selling points, effectively showcasing their expertise and suitability for the project at hand. For more information click on the link above... #constructionworks #frameworks #professionalservicesconstruction #tenderwritingservices #tenders #constructiontenders

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