LOOK FORWARD AND LOOK BACK?

Does a tribunal have to undertake a prospective delay assessment, followed by a retrospective assessment, when reviewing the EOT decisions of a contract administrator?  This may be an implication from the recent TCC case of Mace Construct.

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Parallels

Is a contractor limited by the FIDIC Yellow Book (2nd Ed, 2017) to refer disputes only to the Dispute Avoidance Adjudication Board (“DAAB”)?  Or does he have parallel rights under the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) which he can invoke to initiate statutory adjudication? Continue reading “Parallels” →