Contents 1. Introduction 2. Enforcement – Enforcement of adjudicator’s decisions – Interim payments – Pay Less Notices – Liquidated Damages page 3 S&T(UK) Limited v Grove Developments Limited 3. Enforcement—Enforcement of adjudicator’s decision – Milestone payments page 4 Birmingham City Council v Amey Highways Ltd 4. Enforcement – Enforcement of Adjudicator’s Decisions – Declarations Sought – Stay of proceedings page 4 Ealing Care Alliance Ltd v London Borough of Ealing 5. Jurisdiction – Bias page 5 Charles David Hoyle v B.A.K. Building (Contracts) Limited 6. Natural Justice page 6 BSW Building Services Ltd v Adur District Council 7. Natural Justice – Setting off page 6 Synergy Gas Services Limited v Northern Gas Heating Limited 8. Transfer of Proceedings – Court’s powers to transfer hearings page 7 Dr Cyril Chern v (1)Apilosa Corporation (2) AR Architecture Limited
Legislation The Act means the Housing Grants, Construction and Regeneration Act 1996, as amended by the Local Democracy, Economic Development and Construction Act 2009 Pt 8. The ‘new’ provisions apply to contracts entered into on or after 1 October 2011. The main regulations are contained in the Scheme for Construction Contracts (England & Wales) Regulations 1998 (the Principal Regulations) 1 . They have been amended by the Scheme for Construction Contracts (England & Wales) (Amendment) (England) Regulations 2011 2 (the new Regulations). The new Regulations apply only to contracts for construction operations in England entered into on or after 1 October 2011. For earlier contracts the Principal Regulations apply. There are separate regulations for contracts for work in Scotland applicable to contracts made on or after 1 November 2011 3 . The new regulations apply only to contracts for work in Scotland entered into on or after this date. For earlier contracts the Scheme for Construction Contracts (Scotland) Regulations 1998 4 applies. There are new separate regulations for Wales, applicable to contracts for construction operations in Wales entered into on or after 1 October 2011 5 . A reference to “the Scheme” is to the Principal Regulations for England and Wales, or the Scheme for Scotland, as the context so requires.
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