The Vinden Partnership provides a full range of property services to clients in the public and private sectors, including dispute management, quantity surveying and project management
In this ebook, the firm offers some valuable insights on two key pieces of legislation affecting the construction industry.
The first article examines the changes made to the interim payment regime under the Local Democracy, Economic Development & Construction Act 2011, arguing that their interpretation by the courts have created a “smash and grab” culture.
However, a recent case – Grove v S&T – brought about a decision that challenges the previous approach by determining that an adjudicator has the power and jurisdiction to decide the “true value” of a contractor’s right to payment at any time.
The article discusses the six key reasons set out by Mr Justice Coulson for his decision and explains why it puts the industry back on the right track, allowing the short-term advantage gained from a successful but unjust “smash and grab” adjudication to be rectified later on.
In the second piece, the Vinden Partnership discusses legislation surrounding the recovery of costs from an opponent in an adjudication.
It discusses the position set out by the Housing Grants Construction & Regeneration Act 1996 and a subsequent amendment in the Local Democracy, Economic Development & Construction Act 2009, which dealt specifically with party costs.
There has been some confusion over what this amendment, Section 108A, actually means in practice but a recent case, Enviroflow Management Limited -v- Redhill Works (Nottingham) Limited, seems to have provided an answer.
The article examines the judgment in this case and what its implications for future disputes.
These insights reflect just part of the expert property services on offer from the Vinden Partnership.
