The DTI has published a consultation document following the Latham Report. It outlines the Government's proposal to improve both the payment provisions and the adjudication provisions of the Housing Grants, Construction and Regeneration Act. See the Society's original suggestions below. Copies can be obtained by clicking here.
News
September 2004
Very recently Sir Michael Latham presented his first report to the Department of Trade and Industry. As might be expected there was not unanimity concerning the payment provisions but all seem to be agreed that 'pay when certified' clauses and their clones should be outlawed. On adjudication he comments that the Graham Watts report of the CIC identifies some problems and deserve a wider discussion. A short consultation period is suggested and it is hoped to get out the consultation document in the 'Autumn'! When it comes out, of course, the Society will make its presentation and I invite all members to email us with their views when the document is published.
July 2004
Harold Crowter, FRICS FCIArb FHKIArb FFB, was appointed Honorary Secretary of the Society at the Annual General Meeting in succession to Ian Salisbury, MA(Oxon) DiplArch RIBA FCIArb.
1 July 2004
An address by John Uff, President, at a joint meeting of the Society and the Society of Construction Law at Kings College London.
20/04/2004
The Government has announced that it has appointed Sir Michael Latham to review the workings of the Housing Grants, Construction and Regeneration Act 1996 following representations from various trade bodies in the Industry. More details can be found on the DTI website. A number of members of the Society are on the Adjudication Panels of the bodies listed in the Press Announcement as having been contracted by Sir Michael. The consultation period is rumoured as being very short. Any member who wishes to make a contribuion may contact the Webmaster who will see that it is passed to the appropriate body.
28 March 2004
John Uff QC, Professor of Construction Law at Kings College, London was elected at the President of the Society for the next three years. Traditionally the Presidents have been drawn from a different profession in rotation - Architect, Engineer, Quantity Surveyor and Lawyer. Starting his professional life as an engineer, he very early in his career decided to become a barrister, and John Uff quickly rose throught the ranks to QC and bencher of Grays Inn. He is a leading arbitrator both at home in the UK and overseas. Harold Crowter took over as Secretary from Ian Salisbury, who had held the post for the previous three years.
March 2004
The Society has welcomed the following new members in 2004:
- Arbitrator member: Peter Aeberli
- Supporting members: John Rushton, Stuart Kennedy
- Overseas Members: Peter Caldwell, Paul Gelinas
8 March 2003
The Review Body has been asked by the Committee of the Society to draft a supplementary procedure to reflect the lessons of adjudication whilst allowing for a more detailed consideration of the evidence than is possible in 28 days. The principal initial suggestions include a time limit of perhaps three months, or 100 days, within which the Award must be produced which can only be amended by the agreement of both parties. It is also suggested that a limit be placed on recoverable costs at a percentage of the amount in dispute save where the parties agree that the matters involved are such that a higher limit is appropriate.
30 January 2003
The CIMAR Guidance Notes have been revised and updated and they include an appendix drafted by His Honour Judge Humphrey LLoyd QC on the subject of security for costs.