Ep.5: Pre-action protocols, compulsory ADR and retentions

The Construction Briefing – A Practical Law Podcast

In the fifth The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction take November's monthly bulletin and look at a number of developments. These include several case law developments (a refusal to enforce an adjudicator's decision on that basis that it was an abuse of process; a reminder that the courts will uphold a parties' tiered dispute resolution clause and that no dispute is too large, too complicated or raised too late to be suitable for adjudication; and there is no automatic presumption that liquidated damages are unenforceable just because they provide a single rate where there is sectional completion or partial possession). Also, the Civil Justice Council's consultation on reforming existing pre-action protocols (PAPs), including the one for construction and engineering disputes; whether ADR (specifically mediation) will become compulsory; and the latest abolition of retention bill, this time sponsored by Lord Aberdare.