MCMS Blog

Matt Molloy and Jonathan Cope give an adjudicator's opinion on disputes and dispute avoidance in the construction and engineering sectors.

Archive for September, 2009

“At any time”: what does it mean?

Friday, September 25th, 2009

Earlier this year I wrote about what “at any time” means, in the context of a Scottish decision, but do you ever wonder what it actually means?

I think its ordinary meaning is self-explanatory but I put the phrase into Wikipedia to see what would come up. I was surprised that I didn’t get any exact results, so I Googled it, and the first return was an artistic piece, along with items on education, aliens and slaves, but nothing in the first few of the 550 million hits really defined it. (more…)

Resigning part way through an adjudication

Friday, September 18th, 2009

I recently resigned on day 27 of an adjudication (you may recall that adjudication under the Construction Act 1996 is supposed to be a 28-day process). You may be wondering why I resigned so late in the day. (more…)

Appointing the nominated adjudicator under TeCSA adjudication rules

Friday, September 11th, 2009

The appointment of the adjudicator was in the news earlier this year in Bovis Lend Lease v Cofely Engineering, when the court had to consider what the correct procedure for nominating an adjudicator was under the sub-contract. (more…)

So much to do, so little time (in adjudication)

Friday, September 4th, 2009

Edward Davies has written a blog post about time, and the balance lawyers have to strike between giving their advice in the timescale required by the client, and also ensuring that they take sufficient time to ensure that that advice is correct.

In an adjudication context, as an adjudicator, time is the most challenging aspect of all. (more…)