Articles by Richard Bailey

Another review of the Construction Act and payment

In January the Government completed two consultations regarding construction in the United Kingdom, the first of these was a review of the operation of changes to the payment mechanisms and adjudication under the Construction Act and the second was a review of retention in the construction industry. The purpose of this article is to talk […]

Carillion lessons to be learnt

It has only been a few weeks since Carillion went into liquidation and suddenly one of the biggest construction and service companies in the country is gone. In this article, we give some practical advice on how best to protect yourself if you are in contract with a company, or about to enter into contract […]

Claim first time or lose the right to claim

One question that is often asked, when a client ends up in adjudication, is do I have to run all of my defences in the adjudication? In the recent case of Mailbox (Birmingham) Limited v Galliford Try Building Limited (formerly known as Galliford Try Construction Limited)[1] the court had to consider this very issue. The court […]

Adjudication – fit for purpose – or is there another way?

It has been nearly 20 years since the world was introduced to statutory adjudication through the pithily titled Housing Grants Construction and Regeneration Act 1996 and save for minor tinkering around the edges it has not changed. In this article, we look at whether adjudication is still fit for purpose and the alternatives to adjudication, […]

Brexit and construction: no need to panic

It is just over 3 weeks since the UK voted for BREXIT and matters have been moving quickly, at least in the world of politics. This article is written as part of a collection of articles in the GD Online special edition on BREXIT and examines the key issues in construction in the UK and […]

Construction adjudication update: discretion of an adjudicator

Goodman Derrick’s construction group has successfully acted for a party in an enforcement action in the Technology and Construction Court. This was the first time the Court has had to grapple with the jurisdiction of an adjudicator to decide upon another adjudicator’s jurisdiction, as set out in the Notice of Adjudication. Penten Group Ltd v […]

Adjudication – a refresher course

Many of you who are involved in the construction industry and property development will have heard the word ‘adjudication’, some of you may even have been unlucky enough to have actually been involved in an adjudication. In this article we seek to outline the basic principles and process of adjudication and explain what to expect. […]