High Court Upholds Adjudication Enforcement
The High Court recently delivered a judgment in favour of our client, C.N.O. Plant Hire Ltd, against Caldwell Construction Ltd
Joe has a wealth of experience, Including:
- Advising in an extensive piece of TCC litigation relating to defective design and construction of a shipping port, including cranage issues, under the terms of a bespoke contract.
- Successfully acting for a nationally regarded cladding contractor in an adjudication relating to pay less notices and the validity of deductions made
- Several cases relating to the enforcement, and opposition of attempts to delay enforcement, of an Adjudicator’s decision within court proceedings.
- Representing a regional fire prevention contractor in claims arising out of a JCT Design and Build contract where liquidated damages were sought and opposed based on extension requests. This matter featured an interesting analysis of a settlement agreement drafted by the parties themselves which led to the question of contractual interpretation also needing to be addressed.
- Successfully obtaining declarations for a sub-contractor that an adjudicator’s decision was not enforceable owing to lack of jurisdiction. The adjudication featured an evaluation of the statutory framework for referrals to adjudication ‘at any time’ and variations by the parties by informal agreements.
Client’s praise Joe for his ability to understand the mechanics of their business, or specific project, which enables him to get to the root of the issue quickly providing targeted strategic and commercially focused advise.
Additionally, Joe is often engaged in a dispute avoidance capacity as well as undertaking contract reviews / interpretation for the purposes of advising on potential disputes and how they could be avoided or mitigated.