Mike Smyth and Lesley White are instructed to defending claim of £2 million bought against builders merchant, Jewson

Law firm ORJ has been instructed to defend a commercial action, bought by insurers Axa, which is seeking an indemnity following their payment under an insurance policy.  ORJ’s Mike Smyth and Lesley White are to defend claim for £2 million brought against builder’s merchant, Jewson. Beyond the parties’ actions in connection to the relevant events, […]

Correcting Mistakes in a Payment Certificate

What happens where an obvious error is made in the completion of a Payment Certificate? Should the certificate itself be retrospectively corrected or should the error simply be rectified within the next certificate after it is identified? This was precisely the issue that had to be determined within an adjudication referral issued by ORJ’s Michael […]

Facing construction adjudication?

Facing construction adjudication? Choosing the right advisor can be the key to success Disputes over construction projects typically arise because the parties to a contract haven’t paid proper attention to it or have deliberately failed to follow its provisions. Parties may not fully understand what they are expected to do or they may seek to […]

What you need to know about liquidated and ascertained damages (LADs)

Quantum of Solace Liquidated and ascertained damages (LADs or LDs) are a predetermined measure of damage agreed between parties to a construction contract before the contract is finalised. LADs are mostly used to deal with culpable delay; however, they can be utilised in connection with the occurrence of any specified contract breaches. LADs are applied […]

Responding to an Adjudication Referral

Going second shouldn’t mean coming second. The adjudication process is open for the parties to a Construction Contract to utilise ‘at any time’ and cannot be contracted out of. Timetables are very tight and do not allow any room for complacency on either side; particularly for the Responding Party. A typical adjudication will adhere to […]

Construction: delay and disruption protocol

Such are the problems caused by delay and disruption within the construction industry, the Society of Construction Law has published its own delay and disruption protocol; an eighty four page document now in its second edition. Whilst most contractors will certainly not need to memorise the entire protocol, any business operating within the construction industry […]

Carillion Insolvency – An unsecured creditor’s guide to avoiding bad debts

  The squeaky wheel. On 15th January 2018, construction specialist Carillion confirmed that it was entering compulsory liquidation. It had debts estimated at £900,000,000; much of which was owed to unsecured creditors who will now receive nothing. For any of the 30,000 suppliers unlucky enough to have been in business with Carillion and still be owed […]

Party Wall Act Injunction

Are you faced with a Party Wall Act Injunction? Are you contemplating applying for one? There are a number of important facts that should be considered very carefully before you do anything else. What is a Party Wall Act Injunction? A court order which tells a party to do something or to stop doing something. Read more […]

HSE Investigations and Interviews under Caution

Whenever serious incidents do occur (whether or not they are subsequently subject to HSE investigation) companies must seek to ensure that their policies and systems are designed to quickly and effectively respond; in order to minimise any potential likelihood of repetition and to properly manage any potential consequences for affected parties. Where the Health and […]

Can Construction Adjudication be a Panacea for Our Ailing Justice System?

In 2015, court issue fees in England and Wales were raised substantially; some by more than 600%. The highest issue fee is now £10,000, which is applicable to all cases valued at £200,000 or more.  Coupled with earlier changes eliminating the recoverability of Conditional Fee Agreement (“CFA”), success fees and After the Event (“ATE”) insurance […]