UK Adjudicators August 2019 newsletter.

1. WWW.UKADJUDICATORS.CO.UK
AUGUST 2019 NEWSLETTER
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EDITORS’ COMMENTS
With the vacation period upon us, I have
limited this to repeating previous
announcements about ways you can support
and participate in planned activities and
events.
The 2019 London Adjudication and Arbitration
Conference is taking place at 12 Bloomsbury
Square, London on the 22 August 2019.
Tickets are on sale and UK Adjudicator
panellists will be able to purchase discounted
tickets. If you haven’t used the link to get the
subsidised tickets please do so as we will be
stopping sale so that spaces can be released
to others wanting to attend.
Sponsorship and advertising opportunities are
highlighted in the accompanying brochure.
We have taken a table at the SCL South West
lunch on the 11 October 2019 at the Bristol
Marriott Royal Hotel, College Green, Bristol
BS1 5TA. If you would like to attend please
email Sean Gibbs to express your interest.
The Adjudication Society conference takes
place on Thursday, 7 November at the Hilton
London Metropole, 225 Edgware Rd,
Paddington, and London W21JU. If you would
like to join others for dinner at a venue
nearby afterwards please express your
interest so that we can gauge numbers.
If you have any suggestions on ways we can
improve our services, processes or would like
to assist in promoting UK Adjudicators please
do get in touch.
As always we encourage you to submit
articles, case notes and other matters related
to adjudication and dispute boards for
publication in our newsletter. Have a good
summer and I look forward to seeing you at
the conference.
Sean Gibbs is a director with Hanscomb
lntercontinental and is available to sit as an
arbitrator, adjudicator, mediator, quantum
expert and dispute board member.
sean.gibbs@hanscombintercontinental.co.uk

2. WWW.UKADJUDICATORS.CO.UK
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BUILDING AND CONSTRUCTION
INDUSTRY SECURITY OF PAYMENT
AMENDMENT REGULATION 2019
[NSW]
The Building and Construction Industry
Security of Payment Amendment Regulation
2019 commence on the 21 October 2019.
The objects of the Regulation are as follows:
(a) to exempt owner occupier construction
contracts from the operation of the Building
and Construction Industry Security of
Payment Act 1999 (the Act),
(b) to specify the offences with respect to
retention money trust accounts that are
executive liability offences,
(c) to specify the offences under the Act and
the Building and Construction Industry
Security of Payment Regulation 2008 for
which penalty notices may be issued and the
amount of the penalty payable.
https://legislation.nsw.gov.au/regulations/20
19-341.pdf
TCC JUDGEMENTS
July
 Engie Fabricom UK Ltd v MW High
Tech Projects UK Ltd [2019] EWHC
1876 (TCC) (17 July 2019)
 MG Scaffolding (Oxford) Ltd v
Palmloch Ltd [2019] EWHC 1787 (TCC)
(09 July 2019)
 Network Rail Infrastructure Ltd v ABC
Electrification Ltd [2019] EWHC 1769
(TCC) (08 July 2019)
ENGIE FABRICOM UK LTD V MW
HIGH TECH PROJECTS UK LTD
[2019] EWHC 1876 (TCC)
In Engie Fabricom UK Ltd v MW High Tech
Projects UK Ltd [2019] EWHC 1876 (TCC), Mr
Jonathan Acton Davis QC, sitting as a deputy
High Court judge in the Technology and
Construction Court (TCC), declined to grant
summary judgment to enforce an
adjudicator's decision. On the facts, it was
unclear whether the parties' sub-contract fell
within the section 105(2) exclusions in the
Construction Act 1996.
The rights and obligations imposed by the
Construction Act apply only to "construction
contracts" defined in the Act to include
"agreements for the carrying out of

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construction operations and for arranging the
carrying out of construction operations by
others, whether under Sub-contract to him or
otherwise". Excluded "construction
operations" as defined by section 105(2)(c) (i)
and (ii) of the Act. Section 105 (ii)(c) provides
"The following operations are not
construction operations within the meaning
of this part –
(c) Assembly, installation or demolition of
plant or machinery, or erection or demolition
of steel work for the purposed of supporting
or providing access to plant or machinery, on
a site where the primary activity is
i) nuclear processing, power
generation or water or effluent treatment, or
(ii) the production transmission,
processing or bulk storage (other than
warehousing) of chemicals, pharmaceuticals,
oil, gas, steel or food and drink."
The Defendant managed to to show that it
had a real prospect of success that is to say
prospects which were neither false, fanciful
nor imaginary of it proving that the works
were covered by the exemption and as such
the adjudicator lacked jurisdiction.
MG SCAFFOLDING (OXFORD) LTD V
PALMLOCH LTD [2019] EWHC 1787
(TCC)
In MG Scaffolding (Oxford) Ltd v Palmloch Ltd
[2019] EWHC 1787 (TCC), Mr Adam Constable
QC, sitting in the Technology and Construction
Court (TCC), held that using the responding
party's trading name did not invalidate the
notice of adjudication and so granted
summary judgment to enforce the
adjudicator's decision.
WILLOW CORP. S.A.R.L. V MTD
CONTRACTORS LTD [2019] EWHC
1591(TCC)
Willow contracted with MTD for it to design
and build a hotel in Shoreditch. As a result of
delays, the two parties agreed a revised
practical completion date of 28th July, but,
the works were not completed by then.
It was determined by the adjudicator that
Willow was not entitled to claim for liquidated
damages. MTD was awarded £1.17m in the
adjudication. Willow resisted the award, and
issued a Part 8 claim that the adjudication was
unenforceable on the following grounds:
•The adjudicator’s rejection of liquidated
damages was legally unenforceable because
his interpretation of the practical completion
clause was flawed.

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•A breach of natural justice had occurred, as
there was time pressure that prevented the
adjudicator from conducting a fair review of
the case.
Liquidated damages were precluded if
practical completion was achieved. Practical
completion was deemed even if there
remained outstanding items; provided that a
list of outstanding works was provided. Since
such a list was provided, liquidated damages
were precluded.
HHJ Pepperall granted the declaration that
the adjudicator had made an error of law in
relation to the construction of the practical
completion clause. The dismissal of liquidated
damages was incorrect, but the error did not
affect the rest of the adjudicator’s decision.
Since there was no breach of natural justice,
the claim for liquidated damages could be
severed from the adjudication and the
balance could be enforced.
The June agreement precluded liquidated
damages only if the outstanding works on the
list were completed according to schedule.
This was consonant with the purpose of the
June agreement: to set up a timetable for
outstanding items to be completed. It was
therefore incorrect for the adjudicator to
construe the agreement as allowing MTD to
deem practical completion without actually
undertaking the further work required.
Time was very tight in the present
circumstances. However, it was in the nature
of adjudication for there to be time pressure.
The judge was not satisfied that the
adjudicator was given insufficient time to
review the case. Further, there was no
significant breach in the adjudicator’s
admission of evidence at the reply stage or in
his allowance of the surrejoinder.
The adjudicator’s error in law in relation to
the construction of the practical completion
clause did not undermine the rest of the
adjudicator’s decision. The error was confined
to whether Willow was entitled to liquidated
damages. The claim for liquidated damages
could therefore be safely severed from the
rest of the adjudication decision, which could
be enforced.

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DRBF CONFERENCES 2019
October 02 - 04, 2019
DRBF Regional Conference: Stockholm,
Sweden. Contact Amy Avery for registration:
aavery@drb.org
May, 2020
DRBF International Conference: Cape Town,
South Africa. Contact Amy Avery for
registration: aavery@drb.org
http://www.drb.org/events/calendar/
ADJUDICATION SOCIETY
ANNUAL CONFERENCE 2019
Thursday, 7 November, 2019 9.30 for 10am
The Society's Eighteenth Annual Conference
will be held at the Hilton London
Metropole,225 Edgware Rd, Paddington,
London W21JU.
SOCIETY OF CONSTRUCTION LAW
(UK)
Cheltenham
18th
September 2019 at 5.30pm
Design Liability & Professional Negligence –
Contractors and Consultants perspectives
Speaker: Sian Mirchandani QC, 4 New Square
Chair: Sean Gibbs
Venue: Queens Hotel, The Promenade,
Cheltenham GL50 1NN

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FIDIC CONFERENCES 2019
http://fidic2019.org/en
3rd FIDIC Latin America Contract Users’
Conference, 10-12 September 2019
Main Conference: Wednesday 11 and
Thursday 12 September 2019
Workshops: Tuesday 10 September 2019
Location: Hotel TBC, Mexico City, Mexico
5th FIDIC Africa Contract Users’ Conference,
28-31 October 2019
Main Conference: Tuesday 29 and Wednesday
30 October 2019
Workshops: Monday 28 and Thursday 31
October 2019
Location: Avani Resort, Livingstone, Zambia
32nd FIDIC International Contract Users’
Conference, 2-5 December 2019
Main Conference: Tuesday 3 and Wednesday
4 December 2019
Workshops: Monday 2 and Thursday 5
December 2019
Location: Hotel TBC, London, UK
SCL INTERNATIONAL CONFERENCE
2020
The Society of Construction Law 9th
International Conference is being held from 4
to 6 November, 2020, in Auckland, New
Zealand. Further details can be found at :
http://www.constructionlaw2020.com/scl20

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From 10-13 May 2020, the Scottish
Arbitration Centre plays host to the XXVth
International Council for Commercial
Arbitration Congress in Edinburgh.
For full information on the Congress, including
information on how to register, sponsor, or
reserve hotel accommodation, please visit the
Congress website www.icca2020.scot.
Please note that this is a newsletter
and does not provide legal advice.
Whilst every care has been taken in
the preparation of this document,
we cannot accept any liability for
any loss or damage, whether
caused by negligence or otherwise,
to any person using this document.
Independent legal advice should be
taken from a regulated lawyer.

8. 22 AUGUST 2019 - CIARB 12 BLOOMSBURY SQUARE, LONDON WC1A 2LP
2019 LONDON ADJUDICATION & ARBITRATION CONFERENCE
HANSCOMB INTERCONTINENTAL, 5 CHANCERY LANE , LONDON
www.hanscombintercontinental.com
VENUE
CIARB 12 Bloomsbury Square, London WC1A 2LP
2019 LONDON ADJUDICATION
& ARBITRATION CONFERENCE
22 AUGUST 2019

9. 22 AUGUST 2019 - CIARB 12 BLOOMSBURY SQUARE, LONDON WC1A 2LP
2019 LONDON ADJUDICATION & ARBITRATION CONFERENCE
CAPACITY: 140 ATTENDEES, 20 SPEAKERS
ADJUDICATION / DISPUTE BOARD TRACK WILL TAKE PLACE IN THE OLD LIBRARY
ROOM (LGF) 80 PERSONS
ARBITRATION TRACK WILL TAKE PLACE IN THE COUNCIL CHAMBER (GF) 80 PERSONS
COMPARARTIVE PRICE TABLE
Venue sponsor x 1 1600.00
Lunch sponsor x 1 1800.00
Refreshment sponsor x 1 1600.00
Drinks reception sponsor x 1 2400.00
Pen sponsor x 1 170 pens to be supplied by sponsor
Writing pad sponsor x 1 170 pads to be supplied by sponsor
Name badge sponsor x 1 240.00
USB sponsor 170 USB to be supplied by sponsor, with pa-
pers uploaded
Speakers dinner sponsor x 1 1000.00
Platinum sponsor x 1 2000.00
Gold sponsor x 1 1400.00
Silver sponsor x 1 950.00
Bronze sponsor x 3 500.00
Alternatively, one organisation could be the
sole sponsor.
10,000.00
Prices are quoted in £GBP and are subject to VAT at the prevailing rate.
Sponsorship only confirmed by receipt of payment.
We also invite proposals to suit your required budget and level of participation.

10. 22 AUGUST 2019 - CIARB 12 BLOOMSBURY SQUARE, LONDON WC1A 2LP
2019 LONDON ADJUDICATION & ARBITRATION CONFERENCE
VENUE x 1 £1600.00
Acknowledgment in all conference promotions, including flyers, invitations, emails and media
releases.
Brochure distribution to conference delegates.
Limited corporate signage allowed to be displayed
Opportunity to address delegates during conference
Will be thanked during conference and in presentation slides
LUNCH x 1 £1800.00
Acknowledgment in all conference promotions, including flyers, invitations, emails and media
releases.
Brochure distribution to conference delegates.
Limited corporate signage allowed to be displayed
Opportunity to address delegates during conference
Will be thanked during conference and in presentation slides
REFRESHMENT x 1 £1600.00
Acknowledgment in all conference promotions, including flyers, invitations, emails and media
releases.
Brochure distribution to conference delegates.
Limited corporate signage allowed to be displayed
Opportunity to address delegates during conference
Will be thanked during conference and in presentation slides
DRINKS RECEPTION x 1 £2400.00
Acknowledgment in all conference promotions, including flyers, invitations, emails and media
releases.
Brochure distribution to conference delegates.
Limited corporate signage allowed to be displayed
Opportunity to address delegates at start of drinks reception
Will be thanked during conference and in presentation slides

11. 22 AUGUST 2019 - CIARB 12 BLOOMSBURY SQUARE, LONDON WC1A 2LP
2019 LONDON ADJUDICATION & ARBITRATION CONFERENCE
SPEAKERS DINNER x 1 £1000.00
Acknowledgment in all conference promotions, including flyers, invitations, emails and media
releases.
Brochure distribution to conference delegates.
Limited corporate signage allowed to be displayed
Opportunity to address speakers at dinner
Will be thanked during conference and in presentation slides
PLATINUM x 1 £2000.00
Acknowledgment in all conference promotions, including flyers, invitations, emails and media
releases.
Tabletop display and brochure distribution to conference delegates.
Unlimited corporate signage allowed to be displayed
Opportunity to address delegates at opening of conference
May play videos at designated area (sponsor to provide all necessary equipment)
GOLD x 1 £1400.00
Acknowledgment in all conference promotions, including flyers, invitations, emails and media
releases.
Opportunity for tabletop display and brochure distribution to conference delegates
Unlimited corporate signage allowed to be displayed
May play videos at designated area (sponsor to provide all necessary equipment)
SILVER x 1 £950.00
Acknowledgment in all conference promotions, including flyers, invitations, emails, and media
releases.
Opportunity for brochure distribution to conference delegates.
Four pop up banners may be displayed at venue
BRONZE x 3 £500.00
Acknowledgment in all conference promotions, including brochures, invitations, emails, and media
releases.
Opportunity for brochure distribution to conference delegates.
One pop banner 1mx2m may be displayed at venue.
To discuss your exact requirements or to book packages please contact:
Sean Gibbs, Hanscomb Intercontinental, Eagle Tower, Cheltenham GL50 1TA
sean.gibbs@hanscombintercontinental.co.uk +447722643816