KnowledgeBase

The KnowledgeBase is a database library of our articles, specialist papers and case digests in Construction Law prepared since 1999.

Advice should be sought from Daniel Atkinson Limited for any particular problem.

Dispute Resolution

We provide advice and representation in arbitration, adjudication and mediation, inclding preparation of the legal basis of the case, issues of quantum and delay and disruption. Daniel Atkinson has acted as arbitrator, adjudicator and mediator.

CaseBase

The CaseBase is a database library of cases in Construction Law relating to adjudication.

Contract Administration

We can advise on change notification and evaluation, delays and extensions of time, interim payments and final accounts.

Training Programmes

We provide Training Programmes which cover a broad range of topics through the life cycle of a project and in relation to specific topics and standard forms.

NEWS

In Lanes Group Plc v Galliford Try Infrastructure Ltd [2011] EWCA Civ 1617 (CA) in a single judgment of all three judges on 21st December 2011, the Court of Appeal accepted that forum shopping in adjudication would not deprive the subsequently appointed adjudicator of jurisdiction. The decision confirms first instance decisions. The practice was not looked on favourably, and it will now be up to appointing bodies to set out rules to prevent the practice. The easiest approach will be for the bodies to re-appoint unless the parties agree otherwise or the appointed adjudicator informs them of his or her inability to act.

The Court of Appeal confirmed that there was nothing objectionable in an adjudicator setting out his or her provisional view at an early stage in proceedings, so the parties have an opportunity to correct any errors in thinking or to concentrate on matters which appear to be of influence. The Court of Appeal drew a distinction between reaching a final decision prematurely and reaching a provisional view disclosed for the assistance of the parties. The Court of Appeal overturned the judgment at first instance on this point.

Finally the Court of Appeal emphatically dismissed the allegation that the adjudicator, Daniel Atkinson, had predetermined the issue or that there was apparent bias. The Court of Appeal held that a fair minded observer would have no difficulty deciding the case. It was held that the Preliminary Views document was characterised as a provisional view, disclosed for the assistance of the parties, not as a final determination reached before Daniel Atkinson had considered Lanes’ submissions and evidence. The Court of Appeal came to a different conclusion from the judge at first instance.

The decision gives the green light to the practice of issuing preliminary views documents, which has been adopted by some adjudicators and the writer over several years.

Daniel Atkinson

e-Books

Causation In Construction Law is a hardback book which can be ordered on line and sample pages Previewed. The Reviews by a broad range of practitioners shows that the book is essential reading for those involved in construction and engineering projects.

The book Issues in Construction Law is in preparation and as each Chapter is completed it will be published on the web.

Chapter One examining Formation of Contract was published in May 2010.

Chapter Two examining Formalities was published in July 2010.

Chapter Three examnining Incorporation of Terms was published in October 2010.

Chapter Four examining Incomplete Express Agreement was published in January 2011.

Chapter Five examining Implied Terms was published in December 2011. Chapter Five is in 180 pages and refers to 319 decided cases and examines the recent decision in Belize and implications by legislation, by construction, by market usage and by rule of law. Chapter 5 is a comprehensive examination of implied terms in construction law.