Adjudication Matters December 2016: Festive Edition

5th December 2016

Seasons greetings from the Walker Morris team!

Tis the season to be jolly, so in keeping with that theme, we are rolling out the famous (and not very Christmassy) Adjudication Matters Christmas Quiz. Test your adjudication knowledge with our quiz questions below and you may be in with a chance of winning a bottle of bubbly!

Submit your answers to Alex Jones at alex.jones@walkermorris.co.uk, or by post to the below address, by 5pm UK time on Friday 16 December 2016.

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

The correct answers will be published on Tuesday 20 December 2016. Where a tie, those with the highest scores will be entered into a draw to determine who wins the prize.

Good luck and Merry Christmas!

1. What is the correct and full name of the Construction Act? (1 mark)
2. What are the 4 basic requirements for a notice of adjudication as set out at paragraph 1 of the Scheme for Construction Contracts 1998? (4 marks)
3. A collateral warranty is not a “construction contract” for the purposes of the Construction Act 1996. True or False? (1 mark)
4. Can a dispute regarding whether or not a signed settlement agreement has been entered into, be referred to adjudication? (1 mark)
5. If a contract is silent as to payment terms, what timescales does the Scheme for Construction Contracts 1998 set out for the due date and final date for payment? (2 marks)
   • a. Due Date: the later of     days following the relevant period or the making of a claim by the payee;
   • b. Final Date for Payment: ___ days from the due date
6. Can an adjudicator consider events occurring after the adjudication has commenced? (1 mark)
7. The Construction Act 1996 only applies to “construction contracts” for the carrying out of “construction operations” or “providing labour”. Which 2 of the following activities are “construction operations” under the Construction Act? (2 marks)
   • a. Construction of self-contained bedroom units at a motel
     
   • b. A contract to find and negotiate a land purchase
   • c. Installation of shopfitting items bolted to the floor
   • d. Construction of two boiler plants on a site adjacent to an oil refinery
   • e. Installation of wiring for standby generators to a site where printing works were to be erected
8. Does an adjudicator have jurisdiction where it is not possible to identify all the terms of the contract? (1 mark)
9. Under the Construction Act, (for contracts entered into after 1 October 2011) if I want to withhold money, I must issue a _____________ notice? (1 mark)
   • a. Withholding
   • b. Pay Less
10. If an Application for Payment does not state on the face of it that it was intended to be an Application for Payment, is it still valid? (1 mark)