SPONSORED EDITORIAL


2 HULTAFORS GROUP ADDS HELLBERG TO PREMIUM PROTECTION PRODUCTS


Te Hultafors Group has added Hellberg Safety PPE products to its premium brand portfolio. With more than 50 years’


experience in the PPE industry, the Hellberg Safety specialist equipment includes highly advanced hearing protection products, face protection and communication solutions. As well as face guards, helmets and passive hearing protection, Hellberg supplies secure electronic hearing protectors. Peter Dumigan, managing director of the Hultafors Group UK said: “Hellberg PPE products complement the Snickers Workwear and Solid Gear Safety Footwear portfolios so well. Te Hultafors Group now provides an


NEC3 dispute? 4 weeks, or risk going mute


By David Wilson Partner, MacRoberts LLP


even more extensive range of EN-accredited, quality products, ideally suited to protect personal safety.” Call the Hultafors Group UK Helpline on 01484 854 788 or see www.hellbergsafety.com


3 FIND YOUR PERFECT FIT WITH ONYX SHOES AND BOOTS FROM SOLID GEAR


Good safety footwear is part of a comfortable day’s work on site – just like good working clothes and quality tools. Combining maximum comfort


and protection with a durable design, Solid Gear’s Onyx is available as a shoe or a boot and is ideal for on-site work. Tis EN-accredited footwear integrates a seamless upper and Cordura


reinforcements with a poured polyurethane midsole, a breathable footbed and strong rubber outsole for maximum grip. Metal-free protection comes from the fibreglass toecap and penetration board. And the unique BOA Closure System distributes pressure of the fastened shoe evenly to ensure a glove-like fit. To get more information on Solid Gear, visit www. solidgearfootwear.com or call the Hultafors Group UK Helpline on 01484 854 788.


In the recent case of Sitol Ltd and Finegold & Anr, parties entered into a standard NEC3 Contract (“the Contract”). Following a dispute between the parties, Sitol raised adjudication proceedings which resulted in an order for Finegold to pay the sum of £45,000 plus adjudicator’s fees of £42,000. Te dispute


ultimately came before the TCC when Finegold refused to make a payment, arguing that the adjudicator was appointed too late, as per the terms of Clause 93.3 of the Contract. Tis states that,“a party may refer a dispute to the adjudicator if the party notified the other party of the dispute within four weeks of becoming aware of it”. As the Housing Grants,


CONTACT OUR TEAM TO SHOWCASE YOUR GREAT NEW PRODUCTS HERE


David Hughes: 0131 561 0022 davidh@connectcommunications.co.uk


Construction and Regeneration Act 1996, as amended, was not applicable due to the Finegolds being residential occupiers, the court applied the test set out in the case of Amex v Secretary of State for Transport [2004] EWHC 2339, that a dispute arises once it has been denied. Te


court found that a dispute over payment had arisen and crystalised as a result of an express rejection by Finegold’s solicitors on 19 February 2018. Terefore, it was found


that the adjudication raised by Sitol was out of time on the 25 April 2018 as the last date Sitol could serve notice was 19 March 2018. Lord Waksman J commented that he had come to this conclusion “with no great enthusiasm,” but he had to apply the law.


Tis is likely due to the commercial


consequences of such a decision to construction disputes falling outwith the scope of the Construction Act. Going forward, it may


become common that Clause 93.3 is subject to drafting amendments between parties, prior to the signing of contract. Until then, parties will have to more vigilant of timescales for notification during any initial dispute discussions.


●●To find out more, email david.wilson@macroberts. com or call 0141 303 1100.


CABLEtalk AUGUST/SEPTEMBER 2019 41


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