Sypro’s Post

Really interesting read, at Sypro, we are here to help you avoid falling into the most common pitfall that leads to a costly dispute. Protect yourself by getting in contact and seeing how we can help.

This year, King's College London published the third Construction Adjudication Report, with a focus on reform and transparency. According to the report, from May 2023 to April 2024, the Royal Institution of Chartered Surveyors (RICS) received 1340 referrals and charged a nomination fee of £354.17, making a turnover of £474,587.80 from nominating adjudicators. In comparison, the Chartered Institute of Arbitrators (CIArb) received 98 referrals during the same period, charging a nomination fee of £300 and making a turnover of £29,400. On the other hand, UK Adjudicators (UKA) received 461 referrals with no nomination fee and no profit from nominating adjudicators. Considering these figures, why pay more for an adjudicator when UK Adjudicators can provide the same service for £0 nomination fee? Choose UK Adjudicators as your Adjudicator Nominating Body (ANB) and get the right adjudicator appointed for your dispute. For more information on the Kings College 2024 Construction Adjudication report, please go to: https://lnkd.in/er3gnTei

Last year, King's College published the second Construction Adjudication Report, with a focus on reform and transparency. According to the report, from May 2022 to April 2023, the Royal Institution of Chartered Surveyors (RICS) received 1,249 referrals and charged a nomination fee of £354.17, making a profit of £442,358.33 from nominating adjudicators. In comparison, the Chartered Institute of Arbitrators (CIArb) received 53 referrals during the same period, charging a nomination fee of £300 and making a profit of £15,900. On the other hand, UK Adjudicators (UKA) received 432 referrals with no nomination fee and no profit from nominating adjudicators. Considering these figures, why pay more for an adjudicator when UK Adjudicators can provide the same service for £0 nomination fee? Choose UK Adjudicators as your Adjudicator Nominating Body (ANB) and ensure the right adjudicator is appointed for your dispute. For more information on the Kings College 2023 Construction Adjudication report, please go to: https://lnkd.in/enDv4gqR

A recent Supreme Court decision has found that most collateral warranties will not be “construction contracts” under the Construction Act. This will change current practice in the UK construction market. In this article my colleague Douglas Morton and I explore the reasons behind the decision and its practical effects for contracting parties and contract negotiators - https://lnkd.in/dfu_dPc3 #construction #constructionlaw #collateralwarranties Burness Paull LLP

From government contracts to multi-family developments, our diverse expertise echoes our dedication to redefining excellence. #vernon #constructionmanagement #generalcontracting #designbuild #nyc #construction #realestatedevelopment

In this article, Chris Dickson, CMS, explains how the recent court case decision confirms the previous finding that the payment terms linking the final payment date to an invoice are not in line with the UK Construction Act. Following the UK decision in Rochford Construction Ltd v. Kilhan Construction Ltd [2020], the October 2020 amendments to the Y(UK)2 clause in NEC4 Professional Service Contract (PSC), Term Service Contract (TSC) and Design Build and Operate Contract (DBOC), address this issue to ensure they no longer linked final dates for payment to submission of an invoice. Read more: https://lnkd.in/emz2BAbJ #payment #contract #service #professionalservice #design

Another update on collateral warranties! Have a read below regarding a recent Supreme Court Judgment with some thoughts provided by two of my colleagues in the C&P team:

At the request of the Local Government Association's Joint Inspection Team, Ranjit Bhose KC and Shomik Datta will tomorrow be presenting to around 200 LGA members at their headquarters at Smith Square, Westminster. Their seminar will cover:  • The use of enforcement procedures under the Housing Act 2004 (such as Improvement Notices) to achieve the remedy of cladding and fire safety defects in High Rise Residential Buildings. • Best practice in collation of information and decision-making in relation to these enforcement processes (including consideration of other remedies available under the Building Safety Act 2022). • Appeals to the First-tier Tribunal against enforcement processes under the Housing Act 2004. Ranjit and Shomik are leading specialists in the law of property, and both have specific expertise in the remediation of building defects following BSA 2022. Each is regularly asked to advise or represent local authorities, developers and building owners, in this regard. Ranjit Bhose KC is a highly regarded silk with particular specialisms in local government, public law and judicial review, property, housing, licensing, and commercial law. Learn more about Ranjit here: https://lnkd.in/eUFzEjDq Shomik Datta is a busy property and commercial litigator with over two decades of experience, and a loyal following amongst London local authorities. Find out more about Shomik here: https://lnkd.in/eJ5ZDtYS

Significant reforms are on the horizon for security of payment in Victoria’s construction industry. Like similar regimes in other States, Victoria's Building and Construction Industry Security of Payment Act 2002 was intended to reduce insolvency in the construction industry and enhance cash flow for subcontractors. Inconsistencies with other States and perceived deficiencies led to a parliamentary inquiry that resulted in 28 recommended legislative reforms, all of which have received official support from the Victorian Government. The recommendations focus on bringing Victoria’s regime into line with other States and simplifying the claims process. To learn more about these proposed reforms, click below to download our White Paper. Simon Bellas John Cooper James R. T. Ebert Pip Goldman Katie Mead #construction #Auslaw

Once enacted, these changes could be of a seismic scale to Victorian construction projects. While SOP claims have been subdued (and almost dormant) in Victoria due to wide exclusions, the proposed reforms would remove all current disincentives from using this avenue to pursue payment claims. Something to keep an eye on. 👁️