When adjudication was first introduced in the United Kingdom, some were sceptical about its prospects. However, shortly after the introduction of adjudication, in Macob Civil Engineering Ltd v Morrison Construction Limited,[1] the courts gave support to the process and since then adjudication has become a mainstay for resolving construction disputes. Indeed, more recently the Supreme Court of England and Wales in Bresco Electrical Services Limited (in Liquidation) v Lonsdale[2] has noted that although adjudication is one of a spectrum of dispute resolution mechanisms which range from negotiation at one end, through to mediation and arbitration / litigation
Continue Reading Adjudication as a mainstream dispute resolution mechanismSeptember 2023
Rethinking Concurrent Delay
By Paul Hughes on
Posted in Concurrent Delay
Introduction
The judgment in Thomas Barnes & Sons (In Administration) v Blackburn with Darwen Borough Council (Council) [2022] EWHC 2598 (TCC) has caused further debate in relation to concurrent delay. The judgment seems to row against the preferred ‘first-in time-approach’ indicated in the SCL Delay and Disruption Protocol (Protocol). Construction projects are often delayed for many reasons, including, events for which the Employer is responsible (Employer Risk Events) and events for which the Contractor is responsible (Contractor Risk Events). These events can occur at different times or concurrently. The Protocol indicates that…
Continue Reading Rethinking Concurrent Delay