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Join us in "Adjudicating the Future" where we dissect the intricacies of construction adjudications through the lens of the recent ODACC annual reports. Lena Wang, Partner, and Amir Ghoreshi, Associate, review and discuss the statistics, trends, and key takeaways from these reports against the backdrop of an increase in popularity of Construction Act adjudications and recent noteworthy court decisions that are shaping the adjudication landscape. This podcast is intended to provide listeners a well-rounded perspective on the industry's evolution.For more information, please visit our website at www.glaholt.com.The information and views expressed in this podcast are for information purposes only, are not intended to provide legal advice, and do not create a lawyer client relationship. For specific advice, please contact us.
This week, Paul is joined by Rudi Klein, the Director at Klein Legal and former chief executive at the Specialist Engineering Contractors (SEC) Group. Rudi was involved in piloting the ‘Construction Act' through the UK Parliament and originated Section 112 of the Act dealing with the right to suspend construction contracts for non-payment.Today's show discusses payment abuse being the industry's dominant business model and what we can all do to change this. We discuss 120-day payment cycles, the demise of Carillion and other large Main Contractors in the recent past, and we turn to Project Bank Accounts and Retentions to change the status quo.--Your free OTB downloadLooking for an Invitation to Tender template? We have created a document for you:Invitation to Tender TemplateWant to connect with Paul?Paul is on Linkedin here and would love to talk. You can also connect with Paul at paul@c-link.com or through, C-Link. Watch the Video to learn more; you can book a demo by clicking here. C-Link is software built by Quantity Surveyors for Main Contractors. We save 600 hours of Quantity Surveying time per project in automation. We can make your QS' so much more efficient.
This month, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss 25 years of the payment and adjudication provisions of the Construction Act 1996 applying to construction contracts (starts at 1.18), a number of building safety developments (including registering higher-risk buildings, draft Responsible Actors Scheme Regulations, the Independent Review of Construction Products and new Practical Law materials (starts at 15.12) and two judgments upheld on appeal (Atalian Servest AMK Ltd v BW (Electrical Contractors) Ltd [2023] CSIH 18 and FM Conway Ltd v The Rugby Football Union and others [2023] EWCA Civ 418) (starts at 36.27). They end with the Construction Contracts (Exclusion) (Wales) Order 2023 (WSI 2023/475) (starts at 42.37) and the first edition of the IChemE's engineering, procurement and construction management contract (EPCM), known as the Blue Book (starts at 44.11).
In this podcast, Neil Kelly, Partner, is joined by Len Bunton, Chair of the RICS Conflict Avoidance Process, and Professor Rudi Klein, past CEO of the Specialist Engineering Contractors' Group, to discuss the issues facing Scotland's construction sector, including: The Scottish Construction Industry Coronavirus Forum, now Construction Industry Collective Voice (CICV) Payment and Project Bank Accounts Retention: The current position and where are we going? Payment provisions in the Construction Act 1996 The Adjudication Process The RICS Conflict Avoidance Pledge Quality of Works and Payment
In this podcast, Neil Kelly, Partner, is joined by Len Bunton, Chair of the RICS Conflict Avoidance Process, and Professor Rudi Klein, past CEO of the Specialist Engineering Contractors' Group, to discuss the issues facing Scotland's construction sector, including: The Scottish Construction Industry Coronavirus Forum, now Construction Industry Collective Voice (CICV) Payment and Project Bank Accounts Retention: The current position and where are we going? Payment provisions in the Construction Act 1996 The Adjudication Process The RICS Conflict Avoidance Pledge Quality of Works and Payment
In this month's The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction are joined by Barry Hembling, a partner in the real estate group of Watson Farley and Williams, to discuss the Court of Appeal's judgment in Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP [2022] EWCA Civ 823. The court held that the collateral warranty in question was a construction contract, as defined by section 104(1) of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996), which gave the parties a right to adjudicate their dispute. As part of the discussion, we touch upon the judgments in Orchard Plaza Management Company Ltd v Balfour Beatty Regional Construction Ltd [2022] EWHC 1490 (TCC) and Hurley Palmer Flatt Ltd v Barclays Bank plc [2014] EWHC 3042 (TCC).
Partners, Brendan Bowles and Lena Wang, and Director of Research, Markus Rotterdam, discuss the 2022 Annotated Construction Act and Conduct of Lien, Trust and Adjudication Proceedings texts available from Thomson Reuters Canada Limited. Key updates to the books are discussed and commentary on their development is given.This podcast was recorded remotely in adherence with Glaholt Bowles LLP's social distancing policy and recommendations from the Government of Ontario and Government of Canada.For more information, please visit our website at www.glaholt.com.The information and views expressed in this podcast are for information purposes only, are not intended to provide legal advice, and do not create a lawyer client relationship. For specific advice, please contact us.
In this month's The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction discuss a number of developments referred to in May's monthly bulletin. We discuss further building safety developments (starts at 1.08), and also look at the draft Construction Contracts (England) Exclusion Order 2022, which will exclude certain sewerage or water undertaker contracts from the adjudication and payment provisions in the Construction Act 1996) (starts at 8.47), the judgment in Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd [2022] EWHC 1203 (TCC), where the judge continued an interim freezing injunction pending the outcome of an adjudication enforcement hearing and (starts at 16.16) and the judgment in Rugby Football Union v Clark Smith Partnership Ltd and FM Conway Ltd [2022] EWHC 956 (TCC), where the court interpreted a construction all risks insurance policy (starts at 31.44).
These words are certainly not music to many peoples' ears but they are integral to any construction business operating successfully and avoiding huge legal battles and the scary costs associated with them. This episode is well-timed in November 2021, as the industry sees challenge after challenge of rising material costs, along with shortages in both materials and labour. "Avoiding ambiguity is key to avoiding disputes. One of the biggest problems faced is changes that are verbally instructed on site. Getting those matters agreed in writing can sometimes be problematic." Simon Dunkling of Arbicon."When you enter into a contract the sums are phenomenally high, and sometimes the penalties can be quite arduous as well." says our builder by day and TV builder by night, Peter Finn.About Simon DunklingSimon is a professional Chartered Quantity Surveyor and Construction Claims Consultant with over 10 years of experience. Simon is an expert in the management, measurement and valuation of all aspects of construction works with particular expertise in windows, doors, curtain walling contracts, groundworks and specialist roofing. Simon advises and works with Employers, Architects, Quantity Surveyors, Engineers, Contractors, Subcontractors, Solicitors and Barristers; familiar with all aspects of ADR and the Technology & Construction Court. Simon started his career as a contractor's QS, then developed his career joining Arbicon to work as a project QS, forensic QS and claims consultant obtaining a Masters degree in Construction Law and Practice and achieving Chartered Surveyor status. Simon has acted as Contract Administrator for Clients and managed numerous construction projects for contractors. In addition to the delivery of major construction projects, Simon has also prosecuted and defended many claims by negotiation, adjudication and dispute resolution.Simon adds a further dimension to the Arbicon team in respect of the evaluation of legal construction problems and is very knowledgeable and experienced in the application of adjudication including the "Construction Acts", namely the Housing, Grants, Construction & Regeneration Act 1998 and the Local Democracy, Economic Development and Construction Act 2009 and the associated Schemes for Construction Contracts that go with those Statutes. Simon has expert knowledge on adjudication enforcement case law and has witnessed important cases heard in the TCC. Simon has acted for and against some of the biggest construction firms in the UK including Main Contractors, Subcontractors and Employer.Simon is an expert on construction contracts and construction contract law, advising on JCT and NEC contract forms. Simon is an authority on the interpretation of contracts including the understanding and application of Construction Statutes; Simon is also an advisor, negotiator and an expert on contract procurement including writing contract amendments, Employers Requirements and Contractors Proposals.Simon is a specialist in all aspects of Construction Contract ADR. Simon is available to be appointed as an Expert Witness assisting the parties or the Court/Tribunal in getting to a resolution in disputes.
A Story Club: Global Politics S2 E2streamed live on FB from the US (San Francisco), India (Dehra Dun) and Trinidad and Tobago in the Caribbean, Thursdays 12pm EDT | 9am PDT | 9:30pm ISTrepeated Friday on the UNC Network in Trinidad and Tobago 6pm ASTWelcome to Season 2 Episode 2 of A Story Club: Global Politics & Cultures brought to you by Bulletproof Podcast FormulaMy name is Dr. Kirk Meighoo and I'm the public relations officer of the United National Congress, the official Opposition Party in the Republic of Trinidad and Tobago.This is a unique venture, streaming simulataneously from Trinidad and Tobago in the Caribbean, Dehra Dun in India, and San Franciso in the United States.We speak with people around the world, trying to understand different issues and problems relevant to my own country, Trinidad and Tobago, and also to people in sometimes very similar and sometimes very different situations, cultures, histories, politics, sociology, etc.The goal is to learn from each other, build networks, widen our perspectives, and work for solutions in our distinctive contexts.Today's episode is titled, "Building Global and National Health Infrastructure in the Wake of Covid.""The only way that the prolonged COVID-19 pandemic can be stopped, is by re-thinking the solution. We must have modern health care systems in every country. This means infrastructure for public health, and for medical care delivery at modern standards, to all populations. One model for this is the U.S. Hill-Burton Act (“Hospital Survey and Construction Act of 1946,”) whose principle was to state how many hospital beds per 1,000 residents must be in each locality (at that time, 4.5), and deploy accordingly to build them, including modern equipment and staff.Look at instances of our ability to do this today. The 1,000-bed Huoshenshan hospital was built in 12 days in Wuhan in 2020. In the U.S., multiple field hospitals were built in record time last Spring by the U.S. Army Corps of Engineers. We must do this simultaneously around the world.This means that all countries must work together to accomplish this. We must put aside tensions and conflicts for the time being.There are new strains of the SARS CoV2 that are showing up, that are more aggressive, and more transmissible. These can make vaccines obsolete... Thus, our response to the pandemic seen in these terms is a question of existential importance to the human species. It requires the cooperation of all major industrialized nations."This is a quote from a statement by the Committee for the Coincidence of Opposites, for the Global Health Summit in Rome, May 21, 2021, and for general circulation, which we will be discussing more in-depth on today's episode.This week, I am so pleased and honoured to have as our guestsDr. Joycelyn Elders, former US Surgeon General, professor emerita of pediatrics at the University of Arkansas for Medical Sciences, pediatricianDr. Tim Gopeesingh, former Cabinet Minister in the Govt of Trinidad and Tobago, former Clinical Dean of the Faculty of Medical Sciences at the University of the West Indies, gynecologic oncologistMarcia Merry Baker, Economics Co-Editor of the EIR News Service
Patricia Joseph, associate, and Matthew DiBerardino, summer student, discuss Glaholt Bowles’ first adjudication experience. This podcast was recorded remotely in adherence with Glaholt Bowles LLP’s social distancing policy and recommendations from the Government of Ontario and Government of Canada. For more information, please visit our website at www.glaholt.com. The information and views expressed in this podcast are for information purposes only, are not intended to provide legal advice, and do not create a lawyer client relationship. For specific advice, please contact us.
It seems like Almost Yesterday that Congress passed the “Hospital Survey and Construction Act” which became Public Law 725. This act provided funds to hospitals, nursing homes, and chronic care facilities, which had declined during the Great Depression and World War II. By 1945 and the end of World War II, many American hospitals were obsolete – and approximately 50% of the nation’s counties had no hospital facilities at all. In early 1946 Senators Lister Hill, a Democrat from Alabama, and Harold Burton, a Republican from Ohio, introduced a nine-page bill that became the catalyst for the creation of a modern health care system – consisting of 10,800 construction projects that expanded the number of available hospital beds by more than half a million by 1960. Senator Hill, the driving force behind the legislation, was the son of the first American physician to successfully suture a human heart in a living patient. Due to the determined efforts of these two Senators, the act became known
Caitlin Steven sits down with Faren Bogach and Krista Chaytor to chat about the recent substantial changes in the Construction Act. They cover the changes that impact tenant and leasehold improvement allowances; common lien issues; the introduction of prompt payment; and a new process called “adjudication.”
Duncan Glaholt, partner, and Jacob McClelland, associate, discuss the arrival of statutory adjudication under the Construction Act. For more information, please visit our website at www.glaholt.com. The information and views expressed in this podcast are for information purposes only, are not intended to provide legal advice, and do not create a lawyer client relationship. For specific advice, please contact us.
John Margie, partner, and Andrew Salvador, associate, discuss trust remedies under the Construction Act. For more information, please visit our website at www.glaholt.com. The information and views expressed in this podcast are for information purposes only, are not intended to provide legal advice, and do not create a lawyer client relationship. For specific advice, please contact us.
Brendan Bowles, partner, and Katherine Thornton, articling student, discuss liens under the Construction Act. For more information, please visit our website at www.glaholt.com. The information and views expressed in this podcast are for information purposes only, are not intended to provide legal advice, and do not create a lawyer client relationship. For specific advice, please contact us.
In this episode of the Blaneys Podcast, Lea Nebel, co-chair of the firm’s Construction Law Group, discusses the large-scale revamping of Ontario’s Construction Lien Act, now known as the Construction Act, as of July 1, 2018.
For our Season 4 finale, we're speaking with construction lawyer, Sharon Vogel, who was ranked as one of 2017's Top 25 Most Influential Lawyers in Canada! Topics: corruption in the construction industry; Ontario's new Construction Act; division of powers issues between federal and provincial legislation
In part two of my interview with construction lawyer, Sharon Vogel, we chat about Ontario’s new Construction Act - the first substantial legislative overhaul of the Construction Lien Act in over 30 years