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Alway Associates - Articles


Alway Associates pride themselves in keeping at the forefront of legal developments relevant to their specialist areas and the construction industry as a whole.

Within this section of our website we make available legal updates and articles written by our directors, associate directors and consultants. We would point out that these are not simply case reports and comments, which are available from numerous other printed and web based sources, but serious consideration of regularly posed problems encountered by our clients.

The index below will regularly be updated so please bookmark this site for your return visits. Each article is attributed to its author and we welcome contact either by the email link or by telephone from anyone with a related query.

SPECIAL ARTICLES

AUTHOR
Alternative Dispute Resolution Kevin McKee
Bank Charges Peter Barnes

Search for a paticular article or browse the archive below.

ARTICLE

AUTHOR
NEC3 Supply ContractMike Rowlinson
Should the Contractor have the opportunity of performing the whole of the contract work?Richard Silver
Does an oral variation of the terms of a written contract affect the adjudicators jurisdiction ?Mali Smith
New Forms of Construction Contracts for Public Works in IrelandLiam Gray
Settlements in multi party disputesMali Smith
SUMMARY JUDGMENT – SEVEN POINT TESTMatthew Davies
Interest - Adjudicators have no “freestanding” power to award under the Scheme.Matthew Davies
Extension of Time Condition Precedent ClausesAlway Associates
Confidentiality in dispute resolution – Advantage arbitration?Alway Associates
The CDM Regulations 2007Alway Associates
Disputes arising ‘under’ and disputes arising ‘out of’ the contractAlway Associates
Separability of Arbitration ClausesAlway Associates
Adjudication – Better never than late?Alway Associates
Directors’ duties codified under the Companies Act 2006Alway Associates
Costs of EnforcementRichard Silver
Ambiguities in Contracts – The Contra Proferentem RuleMatthew Davies
Provisional Sums - Defined or Undefined?Alway Associates
Letters of Intent ReviewedAlway Associates
Adjudicators acting inquisitoriallyAlway Associates
Apparent BiasAlway Associates
The Risk of Mistake in Contract - Common Mistakes in Law and EquityAlway Associates
Interest on late paymentsAlway Associates
NEC3 – Changes to the Engineering and Construction Contract, the Final InstalmentMichael Rowlinson
SUBCONTRACTING UNDER THE NEC3 ENGINEERING AND CONSTRUCTION CONTRACTMichael Rowlinson
Withholding monies against sums awarded in an adjudicationRichard Silver
Quantum meruit – what does it mean?Richard Silver
Practical Completion – What does it mean?Richard Silver
Disclosure of Pleadings in an ongoing litigation case to a member of the public or the pressAlway Associates
The need to clearly define the Works within each SectionRichard Silver
Adjudication - when hard bargaining becomes “economic duress”Alway Associates
NEC3 – Changes to Core Clauses 3, 4 and 5Michael Rowlinson
NEC3 – What’s New in Core Clauses 1 and 2 – Key Dates and other thingsMichael Rowlinson
Construction Act Review (January 2006)Alway Associates
Commencing Adjudication ProceedingsAlway Associates
When contracts are not in writingAlway Associates
Professional NegligenceAlway Associates
Contractors Liabilities in respect of Building DefectsAlway Associates
NEC3 – Changes to the Compensation Events and Associated ProceduresMichael Rowlinson
JCT 2005 FRAMEWORK AGREEMENTKevin McKee
Concurrent Delay ReviewedRichard Silver
Drafting for Liquidated and Ascertained damages – Avoiding Pitfalls.Richard Silver
Insurance Policies and Consequential LossRichard Silver
Does a Notice of Intention to Adjudicate prevent the Final Certificate from being conclusive?Alway Associates
Insolvency and AdjudicationAlway Associates
NEC3 – Revisions to the Schedules of Cost Components and the Fee in the ECCMichael Rowlinson
A simple guide to insurance provisions under JCT'98 and JCT Standard Building Contract 2005 Ed.Alway Associates
NECECC 3RD EDITION – THE REVISED FAMILYMichael Rowlinson
The JCT Major Project Form - 2003 EditionAlway Associates
“Letters of Intent” and Consumer rights in Adjudication revisited (again)Alway Associates
The Society of Construction Law (SCL) Delay and Disruption ProtocolAlway Associates
The Effect of an Adjudicator’s Decision on Subsequent Interim CertificatesMichael Rowlinson
New Code of Practice for ExpertsAlway Associates
“Letters of Intent” and Consumer rights in Adjudication revisitedAlway Associates
Is the Project Manager under the ECC (NEC) Form of Contract an Independent Certifier?Alway Associates
Whose contract is it anyway?Alway Associates
Stay of execution in respect of adjudication enforcement proceedingsAlway Associates
Don’t get your kicks from Clause 66 - possible anomalies in Clause 66 of the ICEAlway Associates
Insurance Policies and Consequential LossNigel Clayton
Is it a Penalty?Alway Associates
Reform of the Housing Grants, Construction and Regeneration ActRichard Silver
Court of Appeal warns of failure to mediateMatthew Davies
William Verry (Glazing Systems) v Furlong Homes LtdRichard Silver
NECECC 3RD EDITION – THE EXPECTED KEY CHANGESMichael Rowlinson
ADJUDICATION “AT ANY TIME”Alway Associates
The Civil Procedure Rules – An Outline of Part I of the Practice Direction for ArbitrationMichael Rowlinson
A Comparison between the ICC Arbitration Rules and the UNCITRAL Arbitration RulesAlway Associates
JUDICIAL GUIDANCE ON THE MEANING OF DISPUTEMatthew Davies
CPR PART 36 - COSTSAlway Associates
PFI SCHEMES – A TYPICAL STRUCTUREMichael Rowlinson
The Be Collaborative ContractAlway Associates
Provisions for Adjudication when one party is a ConsumerRichard Silver
Settlements and Insurance IndemnitiesRichard Silver
To be, or not to be [a contract] that is the question?Richard Silver
ICE updates its condition of contractsRichard Silver
Contract Formation and the Incorporation of TermsRichard Silver
The Construction and Engineering Pre-Action Protocol and Pre-Action Disclosure of DocumentsMichael Rowlinson
Section 110 and Section 111 Notices.Alway Associates
CONSTRUCTION CONTRACTS EVIDENCED IN WRITINGAlway Associates
Are any Experts’ Reports privileged?Alway Associates
Privileged, Without Prejudice, and Without Prejudice Save As to Costs documents.Alway Associates
Does acceptance of repudiation affect adjudication provisions?Alway Associates
Is a signed Full and Final Account Settlement Statement binding?Alway Associates
The JCT Short Form of Domestic Sub-Contract - 2003 EditionAlway Associates
The JCT Standard Form of Sub-subcontract - 2004 EditionAlway Associates
The JCT Major Project Sub-Contract – 2004 Edition.Alway Associates
Set-Off against Adjudicators' Decisions.Alway Associates
Force Majeur, Acts of God, and OthersNigel Clayton
What is Mediation?Kevin McKee
Adjudication – Objecting to Enforcement – The Perils of EstoppelAlway Associates
Drafting for Liquidated and Ascertained damages – Avoiding Pitfalls.Alway Associates
Adjudication - Article 6 –v- the Construction ActRobert Shawyer
HearsayRobert Shawyer
Adjudication – Additional material: giving the Responding Party a fair chance to respondRichard Silver
Withholding Against an Adjudicators DecisionRichard Silver
Adjudication – Consequences of failing to consider relevant information.Richard Silver
Global Claims – John Doyle RevisitedRichard Silver
How far can an adjudicator go in `taking the initiative in ascertaining the facts and the law`?Alway Associates
ADR – What is it and do I have to take part?Alway Associates
NO WIN – NO FEE Conditional Fee AgreementsAlway Associates
Adjudication – Is an adjudicator’s decision issued late enforceable?Alway Associates
PPC2000 the “Full Monty of Partnering and Modern Best Practice”Kevin McKee
Procure21 and the NECECC Form of ContractMichael Rowlinson
Cut Out the Abuse - Enforcement and Errors in Adjudicator’s DecisionsAlway Associates
Can an Employers Deduct Liquidated Damages Following a Contractor’s Insolvency?Alway Associates
Concurrent Delay ReviewedAlway Associates
Don't Keep It To Yourself - The Natural Justice MinefieldAlway Associates
Non Payment of Monies Due - A New Light on Suspension and RepudiationAlway Associates
JawsRobert Shawyer
The Contracts (Rights of Third Parties) Act 1999Michael Rowlinson
Global WarningAlway Associates
Retrospective Effect of Contracts and DeedsAlway Associates
Retrospective Delay Analysis TechniquesAlway Associates
What is Practical Completion?Alway Associates
Does the Contractor have a Claim Against the Architect or Engineer?Michael Rowlinson
Novation and Assignment – What's the Difference?Michael Rowlinson
PPC 2000 = a new hat and coat or just a new hat for an old Coat?Robert Shawyer
The NEC Partnering Option X12Marina Di Mascio