Adjudication Matters December 2017: Festive Edition

8th December 2017

Season’s greetings from the Walker Morris team! 2017 has flown by and as the festive season comes upon us, we are rolling out our famous* the Adjudication Matters Christmas Quiz. Test your adjudication knowledge with our quiz questions below for a chance to win a bottle of bubbly in time for the festive celebrations!

Submit your answers to Alex Jones at alex.jones@walkermorris.co.uk, or by post to the below address, by 5pm on Friday 15 December 2017.

Alex Jones
Walker Morris LLP
Kings Court
12 King Street
Leeds
LS1 2HL

The correct answers will be published on Tuesday 19 December 2017.

In the event of a tie, those with the highest scores will be entered into a draw to determine who wins the prize.

Good luck and Merry Christmas!

*ok perhaps not that famous……

1. A party trying to recover its legal costs under the implied term of s5A of the Late Payment of Commercial Debts (Interest) Act 1998 can do so even if the implied term is caught by S108A of the Construction Act 1996. True or False? (1 mark)
2. The Construction Act provides that a construction contract must include a written provision giving the Adjudicator the power to correct clerical and typographical errors in his decision. What is the name of this rule? (2 marks)
3. A Pay Less notice must state that it is a pay less notice for it to be valid. True or False? (1 mark)
4. Under the Construction Act 1996, a “construction contract” means an agreement with a person for which of the following (3 marks):
   • a. The carrying out of construction operations.
   • b. Arranging for the carrying out of construction operations by others, whether under sub-contract to him or otherwise.
   • c. Providing his own labour, or the labour of others, for the carrying out of construction operations.
   • d. All of the above.
5. A party to a Construction contract always has the right to refer a dispute to Adjudication, whether these rights are in writing or not. In relation to a party’s right to refer disputes to adjudication, give 4 provisions that the Construction Act 1996 states should be included in writing in the contract (4 marks)
6. Under the Construction Act 1996, which of the following are not “construction operations”? Tick all that apply (3 marks):
   • a. Drilling for oil or natural gas.
   • b. The installation of artistic works.
   • c. Painting or decorating the internal or external surfaces of any building or structure.
   • d. All of the above.
7. A provision in a construction contract making payment conditional on the payer receiving payment from a third person is ineffective, unless that third person is insolvent. True or False? (2 marks)
8. An adjudicator cannot obtain the assistance of a third party when making his decision. True or False? (1 mark)
9. It is possible to accept an adjudicator’s agreement by conduct.True or False? (1 mark)
10. Does an adjudicator have jurisdiction to decide which parties have entered into a contract? (1 mark)