Construction & Real Estate

Construction Adjudications - Meaning of a "Dispute" and Absence of Effective Notice of Withholding Construction Law News

By: David Rintoul
Clarkslegal LLP (Reading, England)

Jurisdictional challenges are the order of the day in adjudications. These jurisdictional questions can be a hard fought issues running parallel with the Adjudicator’s main purpose of deciding whether a contractor

should be paid the sums claimed, in what is after all a fast track summary process that is aimed at addressing the contractor’s problems of cash flow when an employer refuses to pay them.

Recent and old cases come into play in determining what the adjudicator can and cannot do when deciding jurisdictional challenges based on grounds of alleged absence of any dispute, so invoking consideration of what a dispute comprises. Click here to read entire article.

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