Construction contracts: the risk of making yourself imperfectly clear

By Fraser Askham

You’ve decided to amend one of the standard forms of construction contract by striking through the relevant article in the agreement. But a recent judgment suggests that might not be good enough.

What happened? The contract in question was the JCT Intermediate Building Contract 2011. And the relevant amendment concerned adjudication. The employer hadn’t paid an interim payment so the contractor referred the matter to adjudication and won. The same thing happened a second time. But the employer still didn’t make either payment.

The contractor asked the court to enforce the adjudication decisions. The employer said that the decisions should not be enforced because there was no right to refer the disputes to adjudication. The employer pointed to the fact that the parties had agreed to delete the relevant article dealing with adjudication (article 7)…

Click on the link below to read the rest of the Nabarro briefing.

Sign in or Register to continue reading this article

Sign in

Register

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

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

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.

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

Lacon House
84 Theobald's Road
London
WC1X 8RW
UK
http://www.nabarro.com

Turnover (£m): 116.70
No. of lawyers: 405