Head Office - Telephone: +44 (0) 845 345 1244       Facsimile: +44 (0) 845 345 1039

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/Commentator

Alternative Dispute Resolution Alway Associates

Search for a paticular article or browse the archive below.

ARTICLE

Author/Commentator

PROJECT MANAGER’S DUTY TO ENSURE FORMAL CONTRACT ENTERED INTO …Alway Associates
THE COURT’S POWER TO REVIEW THE VALIDITY OF A PAYMENT CLAIMAlway Associates
STANDARD OF A DUTY OF CARE AND “SPECIALIST KNOWLEDGE”Alway Associates
ACCEPTANCE CERTIFICATE MAKES BOND NULL AND VOIDAlway Associates
WITHHOLDING NOTICES AND COUNTERCLAIMSAlway Associates
LIABILITY FOR DISRUPTION TO RAILWAY SERVICES FORESEEABLEAlway Associates
DUTY TO WARN – CONTRIBUTORY NEGLIGENCERobert Shawyer
THE PREVENTION PRINCIPLE AND EXTENSIONS OF TIMEAlway Associates
FORMATION OF CONTRACT BY CONDUCTAlway Associates
EMPLOYERS’ LIABILITY FOR AN INDEPENDENT CONTRACTOR’S TORTSAlway Associates
GHOST WRITERAlway Associates
Appealing an Arbitral AwardRobert Shawyer
BREACH OF ADJUDICATION AGREEMENT NOT REPUDIATIONAlway Associates
SERVICE OF REFERRAL WAS NOT OUT OF TIMERobert Shawyer
Payment Terms – The Series Article 1Robert Shawyer
FROLICKING ADJUDICATORS, BATMANRichard Silver
ADJOINING OWNER ENTITLED TO SECURITY FOR WORKS UNDER THE PARTY WALL ACTSarah Shemmings
CONCURRENT AND EXCUSABLE DELAYSAlway Associates
DON’T WASTE TIME BRINGING CHALLENGE UNDER PUBLIC PROCUREMENT RULESAlway Associates
COSTS ORDER REFLECTS FAILURE TO PREPARE CORRECT SCOTT SCHEDULEAlway Associates
Follow the LeaderAlway Associates
SECRET AGENTAlway Associates
CUTTING OUT THE MIDDLE MANAlway Associates
DID A CONTRACTOR OWE A CONCURRENT DUTY OF CARE IN TORT AND CONTRACT?Alway Associates
IT’S NOT JUST THE WINNING, IT’S THE TAKING PARTAlway Associates
DUTY OF DISCLOSURE AND SETTLEMENT NEGOTIATIONSAlway Associates
PROFESSIONAL NEGLIGENCE CLAIMS MUST BE PLEADED PROPERLYAlway Associates
YOU CAN’T GET RID OF ME THAT EASILYAlway Associates
QUAKING IN THEIR BOOTSAlway Associates
ECONOMIC LOSS CLAIMS AGAINST CONSTRUCTION PROFESSIONALSMichael Rowlinson
PARTY CANNOT REFER MATTER TO LITIGATION DURING ONGOING ADJUDICATION PROCEEDINGSAnn Glacki
SUB-SUBCONTRACTOR'S LIABILITY FOR CORROSION TO PIPEWORKAnn Glacki
ALLEGED DEFECT UNDER NEC 3: CALL OFF THE SEARCH AND SAVE YOURSELF (AND YOUR MONEY)!Alway Associates
PURCHASE ORDER WAS A CONTRACT IN WRITINGRyland Ash
ENGINEER NOT NEGLIGENT FOR RELYING UPON SPECIALIST SUBCONTRACTOR’S ADVICEAnn Glacki
CAN A SOLE TRADER’S ILLNESS PREVENTING COMPLETION BE A FRUSTRATION OF CONTRACT?Ann Glacki
Arbitration to resolve twofold increase in disputes in DubaiRichard Silver
YOU CAN’T FIRE ME BECAUSE I QUIT!Alway Associates
ADJUDICATOR’S JURISDICTION TO CONSIDER MATTERS FIRST RAISED IN ADJUDICATION RESPONSEAlway Associates
ADJUDICATOR DID NOT COMMUNICATE DECISION “IN REASONABLE TIME”Ann Glacki
ARBITRATION, IRRATIONALITY AND ERRORS OF LAWRobert Shawyer
The HSE Plan of Work for Construction 2010/2011Paul Gray
THE TEST FOR EQUITABLE SET-OFF OF A COUNTERCLAIMAlway Asoociates
BEWARE OF THE CONDITION PRECEDENT CLAUSEJaz Bilkhu
SUBCONTRACTORS – GCCC CIF SUBCONTRACT CLAUSE 10(A)Alway Associates
A CHILLING PROSPECTAnn Glacki
ADJUDICATOR’S POWER TO DETERMINE HIS OWN JURISDICTIONAlway Associates
APPLICATION OF LIQUIDATED DAMAGES FOLLOWING TERMINATIONJaz Bilkhu
CONTRACTOR’S DUTY TO CONSULT UNION OVER REDUNDANCIESSilver Shemmings
CONTRACTS IN WRITING AGAINAlway Associates
PROVISION OF WELFARE FACILITIES DURING CONSTRUCTION WORKPaul Gray
DEFENDING THE INDEFENSIBLEAlway Associates
AMENDED ADJUDICATION CLAUSE REPLACED BY SCHEMEMichael Rowlinson
CHALLENGES TO PUBLIC CONTRACTS UNDER THE EUROPEAN THRESHOLDAnn Glacki
ADJUDICATOR’S RESTRICTIVE DETERMINATION OF HIS OWN JURISDICTION RENDERS HIS DECISION UNENFORCEABLEAnn Glacki
IMPLIED OBLIGATIONS IN CONSTRUCTION CONTRACTSJaz Bilkhu
Adjudication costs and insignificant percentage of interest provisions void:Alway Associates
BLOWN UP OUT OF ALL OUT OF PROPORTIONPeter Marchant
DON’T JUST WALK AWAYRuth Farrell
ONE MAN’S MEAT IS ANOTHER MAN’S POISONSarah Shemmings
POTENTIAL HSE REVIEW OF THE CDM REGULATIONS 2007Paul Gray
ADMISSIBILITY OF “WITHOUT PREJUDICE” CORRESPONDENCERyland Ash
COLLATERAL WARRANTIES – SOME PRACTICAL GUIDANCEJaz Bilkhu
SAY WHAT YOU MEANSarah Shemmings
LIABILITY UNDER COLLATERAL WARRANTIESMichael Rowlinson
THE PROJECT FROM HELLLorne Alway
MUTUAL INTENTIONSAlway Associates
“WITHOUT PREJUDICE” CORRESPONDENCE AND THE CRYSTALLISATION OF A CLAIM FOR ADJUDICATIONRobert Shawyer
HOW TO STOP ADJUDICATION?Robert Shawyer
YOU CAN’T WRIGGLE OUT OF IT ….Lorne Alway
DEAD ENDLorne Alway
YOU’VE BEEN FRAMED!Ann Glacki
No exception to the privity rule where party incurring the loss has its own legal remedyLorne Alway
This one's got it all!Alway Associates
Passing Off - International intellectual property rightsRobert Shawyer
Is negligence differenc from breach of statutory duty - liability for injury?Robert Shawyer
Fall in house prices no justification for failing to comply with obligation to buildAlway Associates
Adjudication, Convenience and the word "May" - refusing injunctionsRobert Shawyer
Adjudicator's Jurisdiction under GC/Works/1Alway Associates
Defects and delays justify terminationAlway Associates
Substantial "Disputes of fact" and CPR 8 ProceedingsAlway Associates
Daylight RobberyAlway Associates
Allegations of fraud no defence to enforcement of Adjudicators' decisionsLorne Alway
Lack of notice defeats claimAnn Glacki
You can have smoke without fire - Global claimsRobert Shawyer
Direct Payment ConfusionLorne Alway
Payment - Not just a declarationLorne Alway
Prevention is better than cureLorne Alway
Incorporating bespoke payment into a standard form ContractScott Milner
Contractor not obliged to produce documents to Employers AdministratorsLorne Alway
Expert Determination not Arbitration under Scots LawAnn Glacki
Appropriateness of transfer of case to the Technology and Construction CourtAnn Glacki
When Preliminary meeting minutes serve as evidence of the real world... and one contract, not twoScott Milner
Certainty of payment using a Project Bank Account Agreement - dont bank on it!Scott Milner
Adverse Weather - Snow ExcuseRyland Ash
Waiting for expert report no excuse for delaying serving of summonsAnn Glacki
Seeing the wood for the treesLorne Alway
"Progress Payment" includes "Final Payment" in pay-when-paid clauseAnn Glacki
Builder can owe concurrent duty of careAnn Glacki
Many a Slip......Lorne Alway
Don't overlook the formalitiesJaz Bilkhu
Adjudicator's mistake and part 8 proceedingsRichard Silver
One varied subcontract or two subcontractsLorne Alway
Incorporation of Arbitration clause in a sequence of contractsAnn Glacki
Settlement of flood damage had been reasonableLorne Alway
Wrongful Repudiation of the contract relieves contractor of obligation to completeRichard Silver
Council liable under the party wall act for the collapse of houseAnn Glacki
“Without Prejudice” Correspondence and the Crystallisation of a claim for AdjudicationAnn Glacki
Adjudicator has Jurisdiction to decide on Admissibility of evidenceAnn Glacki
Global claim struck outAnn Glacki
Standard terms and conditions were not incorporated in the Contract- They were too lateRichard Silver
Hirer not liable for plant driver's injuries suffered whilst using plantAnn Glacki
Court reviews Operation of Adjudication slip ruleAnn Glacki
Court rules on Precedence of terms in building contractsLorne Alway
Party's unreasonable behaviour in not Honouring Adjudication Award stifles claimLorne Alway
Court rules on effect of final Account AgreementAnn Glacki
More on final account agreementsLorne Alway
Was Personal Guarantor liable to pay company’s Adjudication Award?Lorne Alway
Court gives guidance on obtaining Judgement in default in Adjudication enforcement proceedingsAnn Glacki
"Secret Communication" Taints experts reportLorne Alway
The Local Democracy, Economic Development and Construction Act 2009 - The New Construction Act 2009Robert Shawyer
The Construction Act becomes law but is not yet in forceNikola Evans
Allied contracted with the Paradigm Housing Group (PHG)Ann Glacki
Last Shot Principle AgainAnn Glacki
Offer and Acceptance- A “Balancing Act”Richard Silver
Expert determination not Arbitration under Scots LawAnn Glacki
Engineers liable for damages under the Defective Premises ActRichard Silver
EducationAnn Glacki
Scope Arbitration clause did not exclude future disputesAnn Glacki
Call on guarantees not FraudulentRichard Silver
Court refuses Interim Injunction to prevent Adjuducation of the parties' disputesAnn Glacki
Distributor failed to use “reasonable endeavours” to market and sell cladding productsAnn Glacki
Allegations of fraud no defence to enforcement of an Adjudicators’ decisionsAnn Glacki
Appropriateness of the transfer of a case to the Technology and Construction CourtAnn Glacki
Contractor not obliged to produce documents to Employer’s AdministratorsAnn Glacki
Payment - Not just a declarationAnn Glacki
Prevention is better than cureAnn Glacki
Adjudication now or risk loosing the rightScott Milner
Adjudicator’s reasoned decision: I haven’t received a proper explanation of the issues!Scott Milner
NEC3 Main Option ARobert Shawyer
The Role of the Supervisor under the ECCMichael Rowlinson
Approving and Removing People under NEC3 ContractsMichael Rowlinson
Adjudication and the Freedom of ContractRyland Ash
Adjudication Case ReviewsRyland Ash
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 ?Alway Associates
New Forms of Construction Contracts for Public Works in IrelandAlway Associates
Settlements in multi party disputesAlway Associates
SUMMARY JUDGMENT – SEVEN POINT TESTAlway Associates
Interest - Adjudicators have no “freestanding” power to award under the Scheme.Alway 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 RuleAlway Associates
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 mediateAlways Associates
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 DISPUTEAlways Associates
CPR PART 36 - COSTSAlway Associates
PFI SCHEMES – A TYPICAL STRUCTUREAlway Associates
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 OthersAlway Associates
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”Alway Associates
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 COURT’S POWER TO REVIEW THE VALIDITY OF A PAYMENT CLAIMAnn Glacki