ADG Legal’s Post

🔊 Mark your calendars! ADG Legal’s third leg of the Construction and Infrastructure Breakfast Seminar is on November 26, 2024! Partner Scott Lambert and Associate Chris Gibson will tackle "What is the Contract? Understanding the Fundamentals." Enhance your knowledge and engage in discussions. Save the date! Register for free now! https://lnkd.in/dZ3NUHVH #construction #constructionlaw #UAE #projects #disputes #subcontracts #subcontractor #contracts #negotiation #projectmanagement #arbitration #ADGLegal

Article update from our Fellow Peter Vinden FPD - 'Construction company directors - is there trouble ahead?' "As soon as a company fails one or more of these tests, it is in English Law defined as being insolvent and the directors of the company concerned must recognise this position and are obliged to take appropriate action. In reality, it is usually a company’s inability to meet its debts as and when they fall due that defines whether or not it is insolvent." Read more: https://lnkd.in/e2fHdZa6 Peter Vinden FPD is an experienced adjudicator, arbitrator, expert and mediator with specialist knowledge of all aspects of the construction industry. Read more: https://lnkd.in/dqBW7Yxi View the requirements for membership: https://lnkd.in/d6Q69WT #PrimeDispute #PeterVinden #construction

[Seminar: The Role of Quantity Surveyor in Construction Arbitration, Adjudication and Mediation] Our Director, Sr Eric Ting, successfully delivered a sharing on The Role of Quantity Surveyor in Construction Arbitration, Adjudication and Mediation, which was one of the topics covered in the QSD PQSL Specialization Series, on 5 Feb 2024, for the Quantity Surveying Division of The Hong Kong Institute of Surveyors (HKIS). During the sharing, Sr Eric Ting explained the common construction disputes and compared the features between arbitration, adjudication and mediation. He also discussed the role of QS in disputes resolution management. #mjcl #mjgroup #mjgrouphk #quantitysurveying #construction #engineering #arbitration #adjudication #mediation #hkis

Just recently, we have been incredibly busy handling commercial reviews on behalf of our Clients.   From scrutinising terms to dissecting conditions, HAL has been ensuring clarity, compliance and fairness.   If you have a pile of contracts and are thinking, 'Could these use a closer look?'—get in touch! Whether it's a Construction Contract, Partnership Agreement, Subcontract Documents, or any legal document, we are here to offer a meticulous examination.   Contracts warrant the utmost attention and we can provide it.   Contact David Hewitt MRICS (davidhewitt@hewittassocs.com) for a thorough review and peace of mind. #CommercialReviews #LegalClarity #BusinessInsights

Story about dispute resolution in Construction Contracts under Fidic Red Book 1999 - Part 2 : ( Act 3: The Notice of Dissatisfaction ) Scene: The DAB's decision echoed through the halls, but discontent lingered in the heart of one party. Clause 20.4: The dissatisfied party, unwilling to let the decision stand unchallenged, issued a Notice of Dissatisfaction. Time Frame:This notice was a herald that arrived within 28 days post the DAB's decision, signaling a prelude to further contention. ( Act 4: The Path to Arbitration ) Scene: With the plot thickening, the saga approached its climax. Clause 20.6: The sacred texts of FIDIC stated that if harmony was not restored by the DAB’s decision, the dispute shall ascend to the high courts of arbitration. Procedure:The arbitration, a formal and binding arena where the final battle of the dispute was to be fought. Time Frame:The combatants were granted a preparation period of 56 days post the Notice of Dissatisfaction to armor themselves for arbitration, which must commence within 182 days from the issuance of the notice. In this tale, as in many others penned under the watchful eyes of FIDIC’s clauses, the structured path provided by the Red Book 1999 brought order and predictability to the potentially chaotic realms of construction disputes. It guided the parties through a procedural labyrinth, ensuring that each had the opportunity to voice grievances, seek equitable judgments, and, if necessary, duel in the grand arena of arbitration. Thus, the project was saved from eternal deadlock, and the builders and the owner, though weary from their trials, could once again look toward completing their monumental task, under the protective gaze of the FIDIC Red Book. And so, the construction lived on, destined to become part of the kingdom’s proud skyline. #construction #Law #contract #administration #project #management #alternative #dispute #resolution #ADR #DAB #arbitration #adjudication

Facing a Construction Dispute in the UK? Don't Panic! Here's How to Resolve It Effectively. Disagreements are a reality in any construction project. But before stress sets in, remember there are various methods available to resolve them efficiently in the UK construction industry. This comprehensive guide explores a range of options, from informal discussions to formal arbitration and litigation. We'll break down the pros and cons of each method, helping you choose the most suitable approach for your specific situation. Whether it's a minor disagreement or a complex issue, this guide empowers you to: Understand your options: Explore negotiation, mediation, adjudication, arbitration, and litigation. ⚖️ Choose the right approach: Consider factors like cost, time, complexity, and desired outcome. ⏰ Navigate the process: Gain insights into each method's procedures and how to effectively participate. Avoid costly delays: Resolve disputes efficiently and get your project back on track! ⏱️ By understanding your options and choosing the right approach, you can achieve a win-win situation for all parties involved. Don't let disagreements stall your project. Read the full article now and gain valuable insights into dispute resolution in the UK construction industry! https://buff.ly/3TVRao3 #UKconstruction #constructiondisputes #disputeresolution #avoiddelays #effectivecommunication #winwin #constructionprojects #constructionmanagement

In the last of the series on contracting for success, I look at dispute resolution. The construction industry is unusual in that the price, the design and time of delivery of the works is far from settled at award. Disagreement is almost inevitable, and relationships critical to project completion. Dealing with disagreement during construction is more about maintaining those relationships than writing chest-beating, and frankly scary, lawyers letters! #disputeresolution #constructionlaw #engineersdecision #mediation #adjudication #arbitration #earlyneutralevaluation #interimdetermination https://lnkd.in/dTduxZJu

Ontario Court Emphasizes Clear Dispute Resolution in Construction Projects A recent Ontario Superior Court ruling emphasized the importance of clear arbitration agreements and robust contractual frameworks in construction claims. The court highlighted the need to adhere to CCDC Contracts for resolving disputes, particularly for issues like unforeseen ground conditions. This reinforces the necessity for construction professionals to follow agreed dispute processes and have clear mechanisms for managing unexpected site conditions and cost adjustments. JTE Claims Consultants Ltd. provides a wide range of services to the Canadian construction industry, including construction claims consulting services and commercial advisory and project control services. Visit https://lnkd.in/gJW8uR4 to learn more. #ProjectManagement #ClaimsManagement #CommercialAdvisory #DisputeResolution #ConstructionClaims https://ow.ly/JFO350SWVY3

Gowling WLG - Sahil Shoor and Nailah Ramsoomair Key takeaway: Adjudication is an interim remedy for ongoing construction projects The purpose of the prompt payment provisions under the Construction Act is to prevent the interruption in the flow of funds in a construction project that may ensue as a result of on-going litigation. In most instances, delays in payment in the context of construction projects result in delays in construction, increased costs, and in some cases unavoidable insolvencies. Adjudication allows for contractors to seek this relief for payment under the Construction Act during the course of the project, as opposed to commencing claims by way of action or through the Small Claims Court (or, if required under the contract, arbitration). This decision by the Divisional Court clarifies for both contractors and owners when a contract is considered to be “completed” in order to pursue these claims by way of adjudication.

Ontario Court Emphasizes Clear Dispute Resolution in Construction Projects A recent Ontario Superior Court ruling emphasized the importance of clear arbitration agreements and robust contractual frameworks in construction claims. The court highlighted the need to adhere to CCDC Contracts for resolving disputes, particularly for issues like unforeseen ground conditions. This reinforces the necessity for construction professionals to follow agreed dispute processes and have clear mechanisms for managing unexpected site conditions and cost adjustments. JTE Claims Consultants Ltd. provides a wide range of services to the Canadian construction industry, including construction claims consulting services and commercial advisory and project control services. Visit https://lnkd.in/g43aR6r to learn more. #ProjectManagement #ClaimsManagement #CommercialAdvisory #DisputeResolution #ConstructionClaims https://ow.ly/JFO350SWVY3