Neutrals Publications

3PB Publications

3PB's Nick Kaplan reviews the decision in Grove Developments: for the Adjudication Society in an article called "Unloosening or tightening the Construction Act’s Gordian Knot?"

In Grove Developments, two of the construction world’s most esteemed Judges have, in their departing decisions before moving on to pastures new, now attempted to unloosen the Gordian Knot created by the amended Construction Act and Edwards-Stuart J’s decision in ISG.

This article seeks to assess the degree to which the decisions in Grove have unloosened that knot, or merely entangled us in other, related, difficulties. Further, it looks briefly at the recent decision of Stuart-Smith J in Davenport Builders which may, to mix my classical metaphors, indicate a way to chart a course between the Scylla of ISG and the Charybdis of Grove.

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