From porkies to prison

Article Abstract:

It is extremely common for disputes to arise between contractors and subcontractors in the UK construction industry, with claims being made, for example, for extension of time or liquidated damages. However, such claims can become a serious legal matter if certain aspects of them are not true. A company which makes an inflated claim is committing a crime, whether the claim is paid or not, and may find itself facing legal action. This happened to Allied Building and Construction when it made an extremely inflated claim for compensation against AR Adams, a heating subcontractor.

Author: Bingham, Tony
Analysis, Compensation (Law)

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Lowest common nominator

Article Abstract:

The UK's Department of the Environment (DOE) has introduced a new construction adjudication scheme and is in the process of nominating Adjudicator Nomination Bodies (ANB) that will have the power to appoint referees in the event of a dispute. The DOE says that an essential requirement for those wishing to become ANBs will be the ability to appoint a referee within five days of being asked to do so. However, it is also essential that such adjudicators are capable of carrying out their responsibilities and have appropriate training, while ANBs should be strictly monitored.

Author: Bingham, Tony
Powers and duties, Administrative agencies, Government agencies, United Kingdom. Department of the Environment

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When to break the rules

Article Abstract:

UK construction industry arbitration procedural rules are set out by the Society of Construction Arbitrators (SCA). The Arbitration Act of 1996 made it legal for arbitrators to adopt whichever rules best suited the case being handled, regardless of location within the United Kingdom. The SCA developed the Construction Industry Model Arbitration Rules (CIMAR) as a way to fully implement the Arbitration Act. CIMAR allows arbitrators to make provisional awards.

Author: Bingham, Tony

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Subjects list: Construction industry, Laws, regulations and rules
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