Repudiation
The general rule is that a breach of contract will not entitle the innocent party to treat the contract as discharged. The exception to this rule is where there is seriously defective performance or a refusal to perform which amounts to a repudiatory breach of contract, and the innocent party has the right to […]

Evidence�
Adjudication is an extremely effective dispute resolution process � but it is vital for a party to adjudication to have a thorough understanding of both the process and the key ingredients that are required in order to minimise the risk of receiving an adverse decision. There is nothing worse than knowing you have an […]

Retrospective Delay Analysis in Construction Contracts
The many different methods of retrospective delay analysis can be divided into 3 groups: Non-critical path; static critical path; dynamic critical path. The 2 predominant areas are static and dynamic. Static critical path analysis is largely inferior to a dynamic critical path analysis and is usually adopted when […]

Adjudication
Statutory adjudication has been with us for just over 6 years and in that time it has become the most popular method of dispute resolution; there have been some 12,000 referrals and only around 30 reported refusals to enforce by the courts. Most referrals are to the RICS (some 1,000 per annum), followed […]