Construction Case Update - Adjudication - Part 2 of 2018

Contents 1. Introduction 

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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2. Award-enforceability-use of part 8 proceedings-error of law  See Seadown Developments Ltd v SMCC Construction Ltd

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3. Costs-jurisdiction 

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See PFG Design Ltd v Masma Ltd (and below)

4. Jurisdiction-adjudicator entitled to decide date and terms of oral contract  See PFG Design Ltd v Masma Ltd 5. Jurisdiction-adjudicator did not fail to exhaust his

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jurisdiction or deal with more than one dispute  page 4 Morgan Sindall Construction and Infrastructure Ltd v Westcrowns Contracting Services Ltd 6. Jurisdiction-excluded operation- reservation of rights  page 4 Equitix ESI CHP (Wrexham) v Bester Generacion UK Ltd 7. Natural Justice  page 6 Victory House General Partner Ltd v RGB P&C Ltd 8. Payment-contractual requirement for pay less notice-effect of Act  page 6 Adam Architecture Ltd v Halsbury Homes Ltd 9. Payment notice-form and requirements  page 7 Systems Pipework Ltd v Rotary Building Services Ltd 10. Pay less notice-form and requirements- effect of failure to give notice  page 8 Grove Developments Ltd v S&T (UK) Ltd 11. Summary  page 9

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