Adjudication – ISG Construction v Seevic College

With the ongoing progression / implementation of the structures necessary for the eventual operation of the Construction Contracts Act, 2013, Members will have an ongoing interest in Adjudication decisions drawn from relevant jurisdictions such as Australia and the UK.  The second edition of the CBA Construction Law Periodical due for publication in Michaelmas Term 2015 will certainly include consideration of several of the more relevant decisions.

The (relatively) recent UK TCC judgment in ISG Construction v Seevic College is certainly worth a perusal to consider the issues touched upon therein (contractual payment notices, parallel adjudications, jurisdiction) and, perhaps further, to contemplate how the matter might have played out in the Irish High Court in view of the multiple and significant differences between the jurisdictions. To download the judgement please click HERE

A good summary / primary commentary on the case – from a UK perspective – may be found HERE on the website Charles Russell Speechlys LLP

Members might also have regard to the following TCC judgments on topic:

  • Harding v Paice & Springall [2014] EWHC 3824 (TCC)
  • Galliford Try Building Ltd v Estura Ltd [2015] EWHC 412 (TCC)

(Ed: “Speechlys”…not quite “Argue & Phibbs”, but pretty good).

JF

23.09.2015

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