2 South West Building & Construction SOUTH WEST


June 2010


BUILDING & CONSTRUCTION


Tavistock Newspapers Ltd, 14 Brook Street, Tavistock, Devon, PL19 0HE. Tel: 01822 613666 Fax: 01822 618222


INSIDE THIS ISSUE


■ Great prize to win in competition - Page 3 ■ Environment Topics - Page 4 ■ Duchy Timber & Payne Timber - Page 12-13 ■ Crago Developments Ltd - Page 14 ■ Changes in regulations - Page 15 ■ Anniversaries, awards and openings - Page 16 ■ JLM Formwork Ltd - Page 18 ■ Businesses in Exeter and Crediton - Page 19 ■ Aspects of Construction - Page 22 ■ BJ Kenny Truckmix - Page 23


CAPTION FOR FRONT PAGE PICTURES: News and information from all the businesses on the front cover is featured in this month’s issue of South West Building & Construction magazine.


Quote of the month


‘


I trundle along hoping for things to happen. Then when they do, it makes me nervous - Actress Charlotte Rampling


STEPHEN HOMER


Ruling on rapid adjudication


Stephen Homer, a former chairman of the CIC South West (Devon & Cornwall), discusses a court decision.


ADJUDICATION has become a standard way of dealing with construction disputes not least because of the speed of the process itself. Adjudication is a way of keeping the cashflow going from employer to contractor and from contractor to sub-contractor.


It is possible for a party to seek to have the adjudicator’s decision reversed through court proceedings or arbitration but these proceedings can be lengthy and expensive and there is no guarantee that the court will reverse the adjudicator’s decision.


In the recent case of Amec


How you can contact us


EDITORIAL Editor: Paul White Main contributor: Andrew Townsend


Paul White Communications PO Box 40, Callington, PL18 9WB ADVERTISING:


Judith Jewell Tel/Fax 01837 658941 E-mail judithjewell@btinternet.com


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If you have a change for our mailing list Tel 01822 615007 Fax 01822 618971


E-mail swbmail@internet-today.co.uk ’


Group Ltd v Thames Water Utilities Ltd, the dispute arose under a framework agreement under which a great number of separate ‘works contracts’ to carry out utilities connections on the streets of London had been placed with


Amec. The


framework agreement provided for contractual adjudication. Disputes arose between the


parties, Amec claiming that they were not being paid in accordance with the framework agreement and Thames Water served Amec with a withholding notice. Amec served a notice of adjudication under the framework agreement challenging the validity of a number of set-offs. Both parties made their submissions: Thames Water serving further appendices which were not previously seen by Amec when they were asked to make final submissions. The adjudicator did not take these last appendices into


consideration in great detail in reaching his decision which was in favour of Amec. Thames Water sought to have the adjudicator’s decision reversed and asked the court to decide on whether the adjudicator is obliged to deal with late submissions and if he does not whether that breaches the requirements of natural justice. The judge found that the adjudicator was not obliged to consider the documents which were served so late in the process in any great detail. He went on to say that since the withholding notices were issued by Thames Water, it should have given the reasons for the withholding promptly rather than leaving that for the last two days before the adjudicator’s decision was due.


Furthermore, the adjudication procedure chosen by the parties did not allow for a second response from the respondent and it would go against the normal civil litigation rules to allow the respondent to have the last word in the matter. The judge commented that adjudication has a tight timetable and that the adjudicator’s overriding obligation is to complete his decision within the time limits.


What does this mean for you? You should try to provide key information to an adjudicator as soon as possible in the process in order to avoid important points not being taken into account in his decision. If you have any queries. contact me at s.homer@ashfords.co.uk.


SOUTH West Building & Construction magazine is now available to read on the worldwide web. The magazine, which is part of Tavistock Newspapers Ltd, can be found on the internet at www.tavistock-today.co.uk. Under menu on the home page, click the Special Publications button. This opens a new page. Then click on the cover of an edition of South West Building & Construction magazine to view that issue in full.


DISCLAIMER: The CIC SW (Devon & Cornwall) will not accept any responsibility for any loss occasional to any person acting or refraining from action as a result of the material included in this publication.


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