March 2010 Archive

Successful parties in adjudication are entitled to apply for judgment in default

During the final few months of 2009 an unprecedented raft of cases came before the Technology and Construction Court (TCC) concerning applications to enforce adjudicators’ decisions. Since this type of case first came before the courts in the late 1990s it has become settled law that the only grounds for challenging an adjudicator’s decision are that the adjudicator lacked jurisdiction to reach the decision that he/she has reached, or that the adjudicator has reached his decision without regard for the rules of natural justice.

Retention: what does your sub-contract say?

Many people are familiar now with the effect of clause 110 of the Housing Grants, Construction and Regeneration Act 1996 (“the Construction Act”). Under this clause, every construction contract must include an adequate mechanism for determining what payments become due under the contract - and when - and provide for a final date for payment in relation to any sum which becomes due.

Succession planning

An estimated two thirds of family businesses do not survive beyond the first generation of owners. A proportion of these failures can be directly attributed to inadequate succession planning. It is not only death but also disability or retirement that can destroy a business and interfere with plans for its successful continuation.
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