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 April, 2010

Multi-party disputes post-Yuanda. Are you confused too?

Monday, April 26th, 2010

Unless you have been trapped overseas by the volcanic eruption in Iceland for the last week or so, you will have seen the furore that Edwards-Stuart J’s judgment in Yuanda v WW Gear has caused and the column inches that have been written about it.

Last week I discussed the possibility of an end to Tolent clauses, but another aspect of that judgment is also worthy of a mention; the position of multi-party disputes post-Yuanda. (more…)

Is this the end for Tolent clauses?

Monday, April 19th, 2010

It doesn’t seem that many weeks since I was writing about Edwards-Stuart J’s decisions in the TCC on adjudication enforcement. Just last week, he gave a landmark decision in Yuanda v WW Gear. This case has received a lot of coverage and, having read the judgment, I can see why. (more…)

What is included within the scope of an adjudication?

Tuesday, April 13th, 2010

A dispute was referred to me recently that involved an alleged repudiatory breach of contract and an alleged wrongful suspension of work. I had to decide whether these matters, which the contractor argued were central to the dispute (and the parties’ resultant entitlements), were within the scope of what had been referred to adjudication and therefore fell within my jurisdiction. (more…)

Are the draft amendments to the Scheme a damp squib?

Tuesday, April 6th, 2010

The draft amendments to the Scheme for Construction Contracts 1998 were published last week. Although they have been a long time coming, having now read them, I’m not sure it’s been worth the wait. They are, in my view, a “damp squib“. (more…)