Adjudication, Arbitration and Mediation by Atkinson-Law with Articles on Construction law and Standard Forms by Daniel Atkinson


Daniel Atkinson Limited		Arbitration Adjudication Mediation

Email:daniel@atkinson-law.com		7 Oakland Drive, Robertsbridge, East Sussex TN32 5EX England
Mobile: 07778 347 777		Tel: +44 (0) 1580 880 532 Fax: +44 (0) 1580 881 140

Training Programme

Construction Frequently Asked Questions

1. Contractual Issues

1.1 Tender and Formation of Contract

1.2 Design

1.3 Access to Site and Possession

1.4 Construction and Defects

1.5 Approvals and Satisfaction

1.6 Payment

1.7 Financial Claims

1.8 Programmes

1.9 Extensions of Time

1.10 Liquidated damages

1.11 Suspension of Works and Termination

1.12 Dispute Resolution

2. Access to & Possession of Site

2.1 What Does Access to the Site Mean?

2.2 Who is Responsible for Providing the Route to Site?

2.3 What level of Attendance Must a Contractor Provide to a Subcontractor?

2.4 Who is Responsible for Obtaining Permissions to Build?

2.5 What Does Possession of the Site Mean?

2.6 What is the Contractor's Legal Right to the Site?

2.7 Can an Implied Term of Possession be Excluded?

2.8 Is there a Difference Between Possession of the Site and Possession of the Works?

2.9 Can the Employer expel the contractor from site if he no longer wishes the contractor to complete the work?

2.10 Who is Responsible When there is Interference in Possession of the Site?

2.11 What Extent of Possession is a Contractor Required to give a SubContractor?

2.12 Who is Responsible to Third Parties for the Consequences of Possession of the Site?

3. Adjudication

A. Scope of the Act: 3.1 Which Types of Contract are affected by the HGCR Act?; 3.2 Are Contracts Required to be in writing and if so, what does "in writing" mean?; 3.3 What is a "Construction Contract"?; 3.4 What is a "Construction Operation"?; 3.5 If the Main Contract is not a ""Construction Contract" are all SubContracts outside the Act?; 3.6 Are Residential Dwellings Covered by the Act?; 3.7 If one of the Parties is not UK based, or the law of the contract is not English Law, is the Contract covered by the Act?; 3.8 What are the Requirements for Notice under the Act?; 3.9 How are Periods of Time Calculated under the Act?
B. Payment under the Act: 3.10 What Payment Terms are Required by the Act?; 3.11 When can a Party suspend performance if payment is not made in accordance with the Contract?; 3.12 When can a Party properly Withhold Payment of Sums Due under the Contract?; 3.13 If a Section 110 Notice is not given in accordance with the Contract, is payment required to be made in full on application?; 3.14 If application for payment has been made for defective work, is payment to be made in full if Notice of Withholding has not been given?; 3.15 Can issues of Set-Off or deduction for Defects be raised against the Application for Payment in Subsequent Proceedings if no Notice has been given in accordance with the Contract?; 3.16 Are Pay when Paid Clauses Enforceable under the Act?
C. Commencement Under the Act: 3.17 What Matters can be Referred to Adjudication?; 3.18 When can Adjudication be commenced?; 3.19 What are the Key Practical Questions to answer before starting Adjudication?; 3.20 Can a dispute under a compromise agreement be referred to Adjudication?; 3.21 If One Party considers that the Adjudicator has no Jurisdiction, what should he do?; 3.22 Do the Adjudication provisions survive the determination of the Contract?
D. The Procedure Under the Act: 3.23 How is the Adjudicator appointed?; 3.24 What is the Procedure for Adjudication?; 3.25 How should the Adjudicator conduct Proceedings?; 3.26 What is the cost of Adjudication and what fees can the Adjudicator charge?; 3.27 Is the Adjudicator's Decision final and binding?; 3.28 How is the Adjudicator's Decision enforced if the Other Party refuses to comply?; 3.29 How long does enforcement take?; 3.30 On what grounds other than jurisdiction can an Adjudicator's decision be resisted?

4. Payment

A. The Right to Payment: 4.1 What are the Purchaser's Obligations as to Payment?; 4.2 If There is No Contract, Is There a Right to Payment?; 4.3 Is There a Right to Interim Payment?; 4.4 Can a Pay When Paid Clause Prevent Payment?; 4.5 Can the Failure of A/E to Issue a Payment Certificate Prevent Payment?; 4.6 What is the Effect of a Final Certificate on the Right to Payment?; 4.7 Has the Contractor a Right to Payment for Material on Site but not Fixed?; 4.8 Is the Contractor Under and Obligation to Pay the Sub-Contractor, If the Employer is Insolvent?; 4.9 When is Payment Made?
B. The Right to Withhold Payment: 4.10 Can an Amount Paid in a Past Certificate, be Deducted from a Later Certificate/Payment?; 4.11 Is the Purchaser Required to Place Retention in a Separate Bank Account?; 4.12 What Grounds Are There for Withholding Payment?; 4.13 Can the Purchaser Set-Off from Payments Due on One Contract, Sums Recoverable on Another?
C. Payment for Variations: 4.14 When is the Purchaser Entitled to Vary the Works?; 4.15 How Are Variations Valued?; 4.16 How is Omitted Work to be Valued?; 4.17 Is a Contractor Quotation for Extra Work Binding if Accepted?
D. Claims for Additional Payment: 4.18 What is the Measure of Damages for Breach of Contract?; 4.19 What is the Measure of Damages for Defective Work?; 4.20 Is a Settled Final Account Binding?; 4.21 What is the Relevance of Settlement of SubContractor Claims in the Measure of Contractor's Damages for Breach of Contract?; 4.22 Can the Contractor Recover the Cost of Preparing a Claim?; 4.23 If the Contractor Fails to Give Notice of a Qualifying Event at the Right Time, Does He have a Right to Payment?; 4.24 Can a Contractor Recover Damages from and A/E for Failure to Administer the Contract Properly?
E. Remedies for Late and Non-Payment: 4.25 Can the Contractor Recover Finance Charges and Interest for Late Payment?; 4.26 Where an A/E Under Certifies, is the Contractor entitled to Interest?; 4.27 Can the Contractor Suspend Performance for Failure to Pay?; 4.28 Does the Contractor Lose the SubContract Discount on Late Payment?

5. Delay and Disruption

A. Obligations as to Time: 5.1 What are the Purchaser’s Obligations as to Time?; 5.2 What are the Contractor’s Obligations as to Time?
B. The Programme of Works: 5.3 What Are The Types of Programme Used in Projects?; 5.4 What Are the Roles of Programmes in Projects?; 5.5 What is the Monitor Role of Programmes?; 5.6 What is the Dynamic Role of Programmes?; 5.7 What are the Contracting Parties Obligations as to the Programme of Works?; 5.8 How do Standard Forms of Contract use Programmes?
C. Completion of the Works: 5.9 What Does "Time at Large" Mean?; 5.10 When is the Works Considered Completed?
D. Rights on Delayed Progress or Late Completion: 5.11 When Should the Contractor Accelerate?; 5.12 Is the Contractor Entitled to Accelerate if No Proper Extension of Time is Granted?; 5.13 Is the Contractor Required to Reduce the Effect of Qualifying Delays?; 5.14 Can the Employer Order the Contractor to Work to a Revised Programme?; 5.15 If Progress is Slow Can the Employer Determine the Employment of the Contractor?; 5.16 What Rights and Remedies do the Parties have if the Contractor Completes Late?
E. Rights to Extension of Time: 5.17 Has the Contractor a Right to Extension of Time if the Delay Event Occurs After the Date for Completion?; 5.18 If the Contractor Fails to Give Notice of a Qualifying Event at the Right Time, Does he Have a Right to an Extension of Time for that Event?; 5.19 If the Contractor Fails to Give Details of a Qualifying Event at the Right Time, Does this Affect His Right to an Extension of Time for that Event?; 5.20 How Quickly after the Event is the Contractor Required to be Given an Extension of Time?
F. Evaluation of Extension of Time: 5.21 Can the Extension of Time Already Given be Reduced by a Later Assessment?; 5.22 How Does One Establish that an Event Caused Delay to Completion?; 5.23 Who Has the Benefit of Float?; 5.24 What is the Contractor’s Entitlement to Extension of Time If Two Events Contribute to Delay to Completion and Only One is at the Risk of the Employer?
G. Evaluation of Contractors Compensation for Delay: 5.25 Is the Contractor Entitled to All his Loss Caused by a Qualifying Delay Event?; 5.26 How is Loss Due to Disruption Evaluated?; 5.27 Is the Contractor Entitled to Compensation for Loss due to Delay, Even if he Completes on Time?; 5.28 How is the Loss of Contribution to Head Office Overheads Evaluated?
H. Liquidated Damages: 5.29 What Are Liquidated Damages Clauses?; 5.30 What Are the Types of Liquidated Damages Clauses?; 5.31 Will the Courts Enforce Liquidated Damages Clauses?; 5.32 What Are the Rules on Penalty Clauses?; 5.33 How Have the Penalty Rules Been Applied?; 5.34 Can the Employer Lose the Right to Liquidated Damages?; 5.35 If the Employer Causes Delay, Does He Lose the Right to Liquidated Damages?; 5.36 Does the LD Clause Limit the Remedies Available to the Employer?; 5.37 If the Right to Liquidated Damages is Lost, Does the Amount Act as a Limit to General Damages?