{"title":"Costs and Fees","authors":"The Rt Hon. Lord Justice Coulson","doi":"10.1093/oso/9780198822110.003.0013","DOIUrl":"https://doi.org/10.1093/oso/9780198822110.003.0013","url":null,"abstract":"This part of this chapter addresses four areas of debate which have arisen in the reported cases in connection with the costs of adjudication. There is what might be termed the usual position as to costs; the possibility that the adjudicator has an ad hoc jurisdiction to decide costs; and issues arising out of particular contractual provisions noting a potentially important difference between the law in England and Wales and the law in Scotland. Finally there is a section dealing with s108A of the 1996 Act.","PeriodicalId":434490,"journal":{"name":"Coulson on Construction Adjudication","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127088924","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Adjudication Business in the TCC","authors":"The Rt Hon. Lord Justice Coulson","doi":"10.1093/oso/9780198822110.003.0021","DOIUrl":"https://doi.org/10.1093/oso/9780198822110.003.0021","url":null,"abstract":"The TCC is ordinarily the court in which the enforcement of an adjudicator’s decision and any other business connected with adjudication is undertaken. Adjudicators’ decisions predominantly arise out of adjudications which are governed by the mandatory provisions of the Housing Grants Construction and Regeneration Act...","PeriodicalId":434490,"journal":{"name":"Coulson on Construction Adjudication","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127545838","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Abatement and Set-Off","authors":"The Rt Hon. Lord Justice Coulson","doi":"10.1093/oso/9780198822110.003.0012","DOIUrl":"https://doi.org/10.1093/oso/9780198822110.003.0012","url":null,"abstract":"The financial difficulties created for a smaller contractor by the larger or more powerful main contractor or employer with whom he contracts have been the subject of much hand-wringing and not a little legislation since the days of Victorian ‘laissez-faire’ capitalism. The persistent refusal of the larger company to pay the invoices rendered by the smaller has always been one of many weapons wielded by the larger organization to ensure that its own cash flow was given priority over the interests and rights of others. The phenomenon referred to in the media in the early 1990s as ‘subbie-bashing’ is, sadly, nothing new: larger and more powerful main contractors have always done all that they can to make their own contracts as profitable as possible, and it has often been their sub-contractors and suppliers who have suffered. By the same token, as Lord Diplock points out in Gilbert-Ash, the main contractor is himself vulnerable to similar machinations on the part of the employer.","PeriodicalId":434490,"journal":{"name":"Coulson on Construction Adjudication","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126662376","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Statutory Provisions Relating to Payment","authors":"The Rt Hon. Lord Justice Coulson","doi":"10.1093/oso/9780198822110.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780198822110.003.0004","url":null,"abstract":"At the heart of these provisions is the attempt to ensure that every construction contract contains a transparent and straightforward mechanism for the payment to the contractor of interim payments on account (sometimes called instalments or progress payments). In addition it recognizes that, although there will inevitably be a period between the date on which a payment becomes due, and the final date on which that sum must be paid, it imposes an obligation on the payer to notify the payee well in advance of the final date for payment how much is going to be paid and how that sum has been calculated.","PeriodicalId":434490,"journal":{"name":"Coulson on Construction Adjudication","volume":"119 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123192320","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Adjudicator’s Decision","authors":"The Rt Hon. Lord Justice Coulson","doi":"10.1093/oso/9780198822110.003.0026","DOIUrl":"https://doi.org/10.1093/oso/9780198822110.003.0026","url":null,"abstract":"Reasons\u0000 It is often forgotten that, under the Scheme for Construction Contracts, the adjudicator is not required to give reasons unless at least one of the parties requires them. Thus it is necessary for one or both of the parties to notify the...","PeriodicalId":434490,"journal":{"name":"Coulson on Construction Adjudication","volume":"309 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132288756","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Statutory Provisions Relating to Adjudication","authors":"The Rt Hon. Lord Justice Coulson","doi":"10.1093/oso/9780198822110.003.0003","DOIUrl":"https://doi.org/10.1093/oso/9780198822110.003.0003","url":null,"abstract":"The provisions relating to adjudication are set out in Part II of the 1996 Act, as amended by the 2009 Act. They are included at Appendix A. The Scheme for Construction Contracts is at Appendix B. The early cases in which the principles behind Part II were considered by the courts remain of critical importance. In Macob Civil Engineering Ltd v Morrison Construction Ltd, the adjudicator had directed that Morrison should pay Macob £302,366.34 plus VAT, interest and fees. The principal dispute in the adjudication concerned the agreement between the parties as to the relevant dates for payment.","PeriodicalId":434490,"journal":{"name":"Coulson on Construction Adjudication","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123613875","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Status and Effect of an Adjudicator’s Decision","authors":"The Rt Hon. Lord Justice Coulson","doi":"10.1093/oso/9780198822110.003.0019","DOIUrl":"https://doi.org/10.1093/oso/9780198822110.003.0019","url":null,"abstract":"Mr Raynsford: [We are] aiming for a solution that was perfectly expressed in representations to the Minister and Opposition by Professor John Uff QC. In a happy phrase, he expressed concern that the objective should be to ensure ‘decisions of temporary finality only’. That is...","PeriodicalId":434490,"journal":{"name":"Coulson on Construction Adjudication","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114908859","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Latham Report and Its Aftermath","authors":"The Rt Hon. Lord Justice Coulson","doi":"10.1093/oso/9780198822110.003.0002","DOIUrl":"https://doi.org/10.1093/oso/9780198822110.003.0002","url":null,"abstract":"A graph that indicated the health (and otherwise) of the construction industry in the UK in the twentieth century would make a startling sight: a bewildering series of peaks and troughs that often, but not always, mirrored the wider health of the UK economy. On occasions in the past, many have endeavoured to promote or otherwise help the construction industry, with a record of success that can only be described as mixed. Changing priorities amongst the senior judiciary have not always helped to encourage stability and certainty.","PeriodicalId":434490,"journal":{"name":"Coulson on Construction Adjudication","volume":"46 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117173353","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Stay of Execution","authors":"The Rt Hon. Lord Justice Coulson","doi":"10.1093/oso/9780198822110.003.0022","DOIUrl":"https://doi.org/10.1093/oso/9780198822110.003.0022","url":null,"abstract":"In considering what is just and fair in an application for a stay of execution of a summary judgment under Part 24 in circumstances such as these, the court must be careful not to reallocate the commercial risks accepted by the parties who engage in...","PeriodicalId":434490,"journal":{"name":"Coulson on Construction Adjudication","volume":"204 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132526559","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Principles of Enforcement","authors":"The Rt Hon. Lord Justice Coulson","doi":"10.1093/oso/9780198822110.003.0020","DOIUrl":"https://doi.org/10.1093/oso/9780198822110.003.0020","url":null,"abstract":"It is only too easy in a complex case for a party who is dissatisfied with the decision of an adjudicator to comb through the adjudicator’s reasons and identify points upon which to present a challenge under the labels ‘excess of jurisdiction’ or ‘breach of...","PeriodicalId":434490,"journal":{"name":"Coulson on Construction Adjudication","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120895617","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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