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The author asserts that the fees charged by adjudicators in Great Britain who settle construction disputes have become too high. According to the author, the high costs of adjudicator services have made adjudication unattractive, unless the amount of money involve is substantial. He suggests that a review system be offered so that opposing parties in a dispute can ask for an independent assessment of whether an adjudicator's fee is reasonable or not.

In this article, the author provides information on making debt collections or debt claims in Great Britain through the Web site. It describes the debt collection system of the do-it-yourself court proceedings Web site, available through www.gov.uk/make-money-claim-online. It details the registration process and the requirements for making debt claims through online.

The article discusses the difference between adjudication and litigation, particularly in Great Britain's Technology and Construction Court. It claims that in litigation, the claimant files the particulars of a claim, which will be replied by the defence. The claimant, then, answers the defence's reply. It cites the Scheme for Construction Contracts, which defines the rules for most adjudication proceedings.

The article discusses a court case that stresses the importance of having the proper contract signed instead of a letter of intent before starting work in the British construction industry. The case involved Merit Process Engineering which fell out with Balfour Beatty over how much it was entitled to be paid and started proceedings in the Technology and Construction Court. An analysis of their email exchanges showed that the figure had not been agreed at all when Merit started the work.

The article explains why a dispute board is still not popular in Great Britain although it has been endorsed by the World Bank. Instead of a dispute board, the country has created adjudication. Companies are also reluctant to create or retain dispute board members due to an increased cost. The author points that a three-person dispute board could be expensive and difficult to justify, a board comprising of a single, independent person is more affordable.

The article discusses value-added tax (VAT)-related complications that contractors in Great Britain could face with regards to interim payment contracts. After a contractor submits an application on a date specified in the contract, the employer will then issue a payment notice within the next five days. However, some employers and their lawyers introduce a requirement wherein contractors should produce a VAT invoice before being paid.

The article discusses the best possible time to mediate a construction dispute. It suggests that the later the mediation takes place, the greater the chances of settlement while early mediation can help save legal and administrative costs. It presents some possibilities that illustrate the most appropriate time to introduce mediation in a dispute process.

The article discusses the court case Jivraj vs Hashwani in which the British Court of Appeal ruled that the appointment of an arbitrator was a contract of an employment and that to restrict such employment based on religion violated the basis of religion offended the Equality (Religion and Belief) Regulations 2003. The British Supreme Court then published a decision which ruled that arbitrators are not employees.

The article discusses the amendments to the Construction Act, particularly to section 108A which has been referred to as "Tolent clauses." Such clauses were effective in a case called Bridgeway Construction versus Tolent Construction. They were used with slight versions until a decision of the Technology and Construction Court (TCC), Yuanda (Great Britain) versus WW Gear Construction.

The article focuses on the implications of the decision released by the Supreme Court in Great Britain to remove the privilege of immunity to witnesses. The court believes that immunity was not necessary to ensure that expert witnesses were honest in court. It projects the possible increase in litigation with virtually every unsuccessful litigant blaming the expert as a result of the ruling.

The author provides options to consider when accused of repudiation by a claims consultant. According to the author, repudiation is when a party renounces the contract if it makes it evident that it does not intend to exercise it. He stresses that a contractor can provide a notice specifying a default if the subcontractor stops work, fails to proceed diligently, ignores an instruction to eradicate defective work or does things it is not supposed to. The author suggests following the terms of the contract so that contractual termination will be safe.

The article discusses how early disclosure can help arbitrators in Great Britain avoid expense. It states that arbitration is being criticised due to the lack of a pre-action disclosure procedure. It mentions that if a contract does not provide for arbitration, both parties can take the dispute to arbitration to avoid the costs and publicity in High Court.

The author discusses submitting disputes to expert determination which often appear in construction-related contracts. Though aimed to avoid the costs and delays of litigation, expert determination is not a quick, cheap, hassle-free alternative to adjudication or litigation, according to the author. He considers expert determination as a very dangerous procedure if complicated questions of fact or law are involved. He does not recommend it for those of a nervous disposition.

The article discusses the court case wherein RWE NPower PLC filed a lawsuit against Alstom Power NV to claim for liquidated damages for the delay of the repair and maintenance of its boilers at Aberthaw power station in Vale of Glamorgan, Wales. It was found that RWE contracted Alstom to repair its boilers but the repair works overran and the firm made an extra cost of more than one million pounds. Alstom was successful in its adjudication claims due to the terms stipulated in the contract.

The article discusses the resurgence of interest in arbitration and the 100-day arbitration procedure. It notes that adjudication was chosen over arbitration in settling disputes in the construction industry which promises to enforce decision in 28 days. It cites that with the decline in arbitration interest, the Society of Construction Arbitrators published the arbitration procedure that offers a chance for a hearing, summoning up help from courts, and is available by consent.

The article presents the author's views on the validity of withholding notice. He relates that a notice that states the sum to be withheld and the ground for withholding is a valid notice whether the ground is manifested as wrong and satisfies the requirement of Section 111. He cites a case between Windglass Windows Ltd. and Capital Skyline Construction Ltd. where Justice Peter Coulson, the one who heard the case, decided that the latter should pay for its withholding notices.

The article presents the author's insights on the role and responsibility of project managers in the construction contracts or projects and the legal claims of project managers, employers, and contractor on the failure of contracts. It states that project managers are responsible for the supervision of workmanship and checking the design of the project. It mentions that if there is a failure in the contract, contractors can not have a claim to the project managers but employers can have.

The article focuses on the effects of outlawing the pay when certified clauses on private finance initiative (PFI) contracts of outlawing the "pay when certified clauses" and ways how to prevent it. It notes that main contractors are obliged to pay subcontractors on the basis that they had not been paid themselves is the consequence of outlawing the clauses. Using a parallel loan agreement and inserting clawback provisions in the contract are some of the ways to replace the clauses.

The article discusses the ECC as one of the most popular form of NEC-based projects in the construction industry. It explores the programme design, the contract procedure, and the compensation event procedure of ECC. It emphasizes importance of careful and continuous programming to the management of an ECC project.

The article offers information on the New Engineering Contract Users Group's (NEC) annual seminar that was held at the Institute of Civil Engineers' (ICE) headquarters. The seminar included a lecture from Howard Shiplee, director of construction for the Olympic Delivery Authority (ODA), which focused on the reasons why the ODA has chosen the NEC as project manager.

The author expresses opinion on the quality and cost of adjudication in the construction industry in Great Britain. He notes that adjudicators charge by the hour with two elements making up the charge, namely, the rate per hour and the number of hours spent. He stresses that the nominating bodies can and must monitor fees. He suggests a way to avoid the appointment fee and securing the services of an adjudicator that both parties trust.

This article emphasizes the liability of directors of limited companies for costs incurred by their companies. Information regarding the lawsuit filed by Chantrey Vellacott against Convergence Group over outstanding fees relating to a failed project and the counterclaim made by Convergence are given. The decision made by the judge regarding the director's responsibility for paying the costs sought in the lawsuit is discussed, along with the costs of the mediation.

The article discusses the New Engineering Contract (NEC) in Great Britain which is a deceptively simple contract that offers huge scope for lawyers to argue. The author comments on the decision in the Multiple Constructions versus Honeywell Control Systems, which may have brought an end to one of the biggest arguments about the interpretation of the NEC. The issue of timing of compensation event notices in relation to the second and third versions of the NCE is examined.

The article relates the story of construction lawyer who experienced problems with a contract regarding the purchase and construction of a house. The lawyer made comments on the draft contract which the builder's lawyer sent to him. The draft was revised but when it was returned it now contained a clause stating that the builder would complete the construction of the house and garage that has the same standard and specification as to the house of their neighbor. The lawyer signed the contract and when the house was finished the builder's lawyer sent a completion statement. A few weeks later, he received a list of items that need to be paid stating that they were missed off from the original list.

Discusses issues concerning the letter of intent and quantum meruit in the case ERDC Group Ltd. vs. Brunel University that deals with the construction of athletics track in Uxbridge, west London, England. Issues concerning the planning permission between the university and the company; Ruling issued by Judge Humphrey Lloyd on the letter of intent of the university; Role of letters of intent in solving the problem of getting a contractor working before all the formalities are sorted.

The article comments on the challenges posed by the British government's New Engineering Contracts (NEC) to project managers in the construction industry. The contract provides a framework for efficient project management that is difficult to achieve. Under the NEC, the employer will be in breach of contract and will have to pay something extra to the contractor if the project manager does not act as stated. The employer may pay the claims of the a contractor if the project manager fails to respond to a contractor's quotation.

Discusses the use of mediation by government agencies in Great Britain to resolve disputes. Growth in the use of mediation according to a government Web site; Details of a procurement dispute involving the Ministry of Defence; Styles used by mediators in resolving disputes.

Reports on the changes in the third edition of the New Engineering Contract introduced in May 2005. Background on the contract; Modification of the delay damages clause to provide for reduction of the damages figure on partial possession; Extension of time for claims for loss and expense.

Discusses issues regarding the consultation paper on reforming the Construction Act in Great Britain as of April 2005. Changes suggested to clarify the law in view of court decisions including claiming damages for breach of contract; Effect of imposing a maximum permissible payment period on unscrupulous parties; Comment on the provision that a contract must be in writing or evidenced in writing before the act could apply.

Focuses on a lawsuit filed by contractor Collins against Baltic Quay Management for failing to pay for a construction project in Great Britain. Facts of the case; Significance of an arbitration or adjudication in the case; Claim of Collins.

Presents information on the legal aspect of the liquidated damages clause in the construction industry. Reason for the popularity of the clauses among contractors; Background on the suspicions of courts with the clauses; Information on a similar case in Hong Kong in 1993.