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| NEWSLETTER NOVEMBER 2006 |  |
| This e-newsletter is designed to be viewed on HTML supported email setting. | Issue number 1 |
| TRENDS IN ADJUDICATION | |||||||||||||||||
 Janey Milligan in her role as Research Fellow at Glasgow Caledonian University continues to manage the Adjudicating Reporting Centre. Regular Reports are available at ARC’s website www.adjudication.gcal.ac.ukJaney is always looking for Adjudicators to complete her questionnaires to add to the stats and report trends. If you are interested in contributing, request a form by emailing info@cdr.uk.com. Detailed analysis of recent trends is currently being carried out as Janey is presenting on the subject at CIB World Congress Conference in Cape Town in May 2007. For further information contact CDR on 0141 773 3377 or via the links below http://www.cib2007.com/ |
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| PAINTER’S MATE | |||||||||||||||||
 CDR has recently strengthened links to the specialist contracting industry and is delighted to promote our affiliation with the Scottish Decorators Federation.
The Scottish Decorators Federation is the national trade association for all organisations involved in the decorating industry in Scotland and places great emphasis on professionalism, quality and reliability. In keeping with this ethos CDR offer independent, professional services to all SDF members. For further information contact CDR on 0141 773 3377 or visit the SDF website www.scottishdecorators.co.uk |
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| JCT SUB-SUBCONTRACT | |||||||||||||||||
 As part of its 2005 suite of documents, JCT has produced a Sub-subcontract and the SBCC is currently in the process of producing the corresponding document for use in Scotland.
Sub-subcontracting whilst commonplace is often poorly executed and CDR would recommend the use of the new JCT form where possible. The form can be used with any subcontract but is particularly appropriate where the main contract is a JCT contract. In common with all JCT 2005 and corresponding SBCC contracts the new format has been adopted and the Sub-subcontract layout and drafting is straight forward and manageable. For further information contact CDR on 0141 773 3377 or via the links below. |
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| MEDIATION PILOT | |||||||||||||||||
 The Scottish Executive has recently set up mediation pilot schemes at the Glasgow and Aberdeen Sheriff Courts which will analyse the results from a two year period to ascertain whether such schemes could be sustainable if introduced on a wider basis.
Mediation is available for Small Claims, Summary and Ordinary Cause actions with fee scale based on the value of the dispute. The success of the pilot schemes will largely be as a result of the skills of the Mediators involved. Parties will be required to complete an anonymous feedback questionnaire in order to monitor progress. For further information contact CDR on 0141 773 3377 or via the links below. |
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| WHEN DOES A DISPUTE CRYSTALLISE? | |||||||||||||||||
 All In One Building & Refurbishments Ltd v Makers UK Ltd (2005 EWHC 2943 TCC) This adjudication enforcement case came before HHJ Wilcox. Makers UK Ltd contended that no dispute had arisen, as the 30 day period contractually allowed to pay interim payments had not lapsed when the adjudication was commenced. The Judge did not accept this and stated “The contract may prescribe a time when payment becomes due and that may be a material factor amongst many others in arriving at the conclusion as to whether a claim is denied or not. It is not determinative as to whether a dispute has arisen”. The Judge continued to note that “it was evident that the proper approach is to adopt a rigorous and common sense approach…” and there was no "warrant for being legalistic and overly technical when considering what labels are used and identifying whether and what dispute has arisen." Finally the Judge concluded that “The court must look to the substance of the claims identified and denied and not to the descriptive labels variously attached by lay persons and professionals.” For further information contact CDR on 0141 773 3377 or via the links below. All In One v Makers Judgment |
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