Adjudication notices — it’s not right but it’s okay
You wouldn’t think that it would be possible to squabble about whether or not an adjudication had been ‘commenced’. However, in a recent case, the parties to a dispute managed to do just that.
The squabble arose out of a clause in the JCT contract that meant that the final certificate would be conclusive unless ‘adjudication, arbitration or other proceedings commenced… not later than 28 days after the final certificate has been issued’. Crucial then was the issue of whether the adjudication proceedings had been ‘commenced’ in time to avoid the conclusive effect of the final certificate.
Did they get the nominating body to appoint the adjudicator right? The short answer is ‘no’…
Click on the link below to read the rest of the Gateley briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Gateley
News from The Lawyer
Briefings from Gateley
The decision of the Employment Appeal Tribunal in the Woolworths and Ethel Austin cases introduced an alternative interpretation to the meaning of ‘one establishment’.
If a name is included on the form and the individual does not have a genuine conflict of interest the decision could be unenforceable.
Analysis from The Lawyer
The Law Society recently published guidance to assist solicitors draw up Shariah-compliant wills, causing outrage in some quarters. Gateley’s Haroon Rashid explains the facts.