Important COVID-19 Update

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These are certainly challenging times for us all.

We are committed to doing everything we can to prioritise the wellbeing of our people, those who use our services and their representatives and the communities we serve to help contain the spread of COVID-19. Following the Prime Minister’s announcement on Saturday, our people will begin working remotely from today, Monday 23 March.

Having well developed online dispute resolution options, it will in many ways be business as usual for us as we focus on providing a seamless service, regardless of where our Registry staff, adjudicators, arbitrators and mediators are working.

We know you are working through similar challenges to ours and that these are uncertain times for everyone. From all of us here we send our thoughts to you, your teams and families.

If you have any questions, please do not hesitate to get in touch. Please let us know if we can be of further assistance to you and we will keep you informed with any further updates.

July 2019

In this issue we feature an article by the honourable Minister for Building and Construction, Jenny Salesa, with an invaluable insight on the proposed Building Law Reform Programme. In Case in Brief, Jeremy Glover makes a commentary on two recent Construction Law cases. In PBS Energo AS v Bester Generacion UK Ltd he makes an insightful analysis of the dismissal of an application for the summary enforcement of an adjudication decision; whereas in Mears Ltd v Costplan Services (South East) Ltd & Ors, Jeremy brings us the Court findings on the definition of ‘practical completion’, among other highlights of the case.

Continuing with the topic of adjudication, Misha Rouyanian and Namira Rahman discuss a case from NSW where an adjudicator’s decision was rendered void on the grounds that there was no valid contract between the parties. Also, Sarah Leaver & Karen Clarke look at the impact of a recent Commercial Court decision that has considered the ability of an employer to recover payments made directly to subcontractors from its main contractor. We also look at the recent case law related to the risk of using appendices for additional contractual documents; the decision as to liability for the Lacrosse Tower fires case; and the Supreme Court final say on the ‘on sold’ earthquake damaged properties insured by IAG during the Canterbury earthquakes.

CONTENTS
  • Building Law Reforms: raising the bar across the sector

  •  New government procurement rules announced (4th Edition)

  •  Case in Brief: 
    PBS Energo AS v Bester Generacion UK Ltd [2019] EWHC 996 (TCC)
    Mears Ltd v Costplan Services (South East) Ltd & Ors [2019] EWCA Civ 502

  • Paying subcontractors directly: stormy waters for employers

  • Contractual appendices: Ignore at your peril

  • The delaminating disaster

  • The Supreme Court reinstatement is not a right that can be assigned

  • Adjudicator’s decision void because No “Contract or other arrangement” found to exist between the parties