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Arbicon Support Tony Hadley Charity Golf Day 2022

Last month, Arbicon supported the Tony Hadley Golf Day 2022 in aid of Action Medical Research, a charity dedicated to funding vital research to save and change children’s lives, developing lifesaving vaccinations and treatments.

Bad Commerce in Construction Contracts… What Amendments to the Construction Act or other Legislation could improve the Industry?

Jonathan Nugent discusses what possible further improvements could be made to the Construction Act to stamp out commercial bad practice and balance construction contract power.

NEC Contracts - Maintaining Good Communications - Part 1

In Part 1 of our series covering communications in NEC Contracts, John Elven, Senior Consultant at Arbicon, discusses the importance of maintaining good communications in accordance with the requirements of NEC Contracts as a means of promoting dispute avoidance.

Smash and Grab Adjudication or Payment Due in Default?

The updated Construction Act (LDEDC Act 2009) that came into force on 1st October 2011, made it mandatory for the parties to a construction contract to manage the payment process properly and establish a notified sum in each payment period, during and at the end of the works. If the contract requires an application for payment then that application becomes the “Notified Sum” due, if the payer fails to deal with it and fails to state what is to be paid, either in a Payment Notice or Pay Less Notice, which have become familiar terms. After all this time, parties still get confused about their payment rights and many are unaware that they have a default payment position until we evaluate their case! The construction law is on the side of the payee. So what is Smash and Grab Adjudication?

Withholding Payment for Construction Defects

When the final account and final payment must be considered when a construction project reaches completion, it is common for the paying party to withhold payment against what they consider to be defective works.

Why Keep Construction Records?

You are owed thousands of pounds and face a real struggle to survive due to one bad contract and one personality you could do without…sound familiar? So, what do you do? Typically, if you are not facing fabricated contra charges you will be asked to substantiate your account, even when you think you have done so!

The Importance of Following an NEC Contract from the Start

John Elven, Senior Consultant at Arbicon, discusses the importance of acting in accordance with the requirements of NEC Contracts as a means of promoting dispute avoidance. NEC contract disputes often arise where there has been a failure to follow the requirements of the contract. In view of this, it is essential to read and understand your NEC contract, and then do exactly what it says. By doing this, those involved with NEC projects are in a far better position to get things right from the start and to prevent disputes from arising in the first place.

How to Submit a Successful Loss and Expense Claim

The term ‘loss and expense’ in construction is often used to describe any additional costs that a Contractor incurs following breaches of contract by the Employer such as delay and disruption. Read our tips on how to submit a successful loss and expense claim.

Construction Delay Analysis - What You Need to Know

The three fundamental essential elements of any construction contract are PRICE, TIME and SCOPE. Price and Scope are often only perceived as required by contracting parties, without any serious consideration for TIME. Time is money, so on any construction project it is little wonder that often when a project is delayed or delivered late, a construction dispute will arise.