Adjudication has contributed much to the construction industry since it was introduced by the Construction Act 1996. In a whole, disputes are resolved more quickly (if not more fairly) and, after some initial scepticism, the industry as a whole has come to accept, if not love, this "new" form of dispute resolution. It is perhaps a measure of adjudication's success that very few disputes progress beyond the provisional but binding decision of the adjudicator. By and large, parties appear to live with the decision or use it as the platform for a negotiated settlement.

However, while adjudication has given much, it has also taken plenty away. There have been close to 400 cases concerning adjudication (relating to jurisdiction, natural justice, what is a "construction operation"? etc), since the introduction of adjudication, there are relatively few "traditional" construction disputes going through the courts (on issues such as extension of time and loss and expense). The development of the common law by the courts in England and Scotland has been the victim of adjudication's success.

The dearth of new case law on causation, concurrency, critical path analysis and similar issues may partially explain the level of interest and comment generated by Lord Drummond Young's decision in City Inn Ltd v Shepherd Construction Ltd. This was, after all, exactly the type of dispute adjudication effectively removed from the courts.

However, what really provoked discussions about the case was Lord Drummond Young's apparent rejection of detailed critical path analysis in favour of a more practical assessment of the impact of delay events, together with an "apportionment" exercise where there was no "dominant cause" of delay. (The case is also interesting for its discussion of a bespoke provision (clause 13.8) which City Inn argued barred Shepherd from obtaining any extension of time under the law of waiver).

www.practicallaw.com

Lee Jo Hsen joined Plus 3 as a Consultant in March 2011. With a Master of Engineering degree, he has worked on projects for the construction of airports, water treatment plants, hospitals and hotels - in Malaysia and in the Middle East - with particular focus on the mechanical and electrical aspects. He is currently pursuing his LLB in his spare time.

During the festive mood of celebrating the Lunar New Year, Plus3, Tan Swee Im and family members of the staff had a Company Trip to Bali. 3 Days and 2 Nights in the Land of The Gods is a perfect place to wind down from the hectic life in a city. Lush green hills, centuries old temples, brilliant sunset, a bicycle trail that started from Mount Batur Volcano and going through Balinese Villages, temples and Paddy Fields. Dinner by the beach and a relaxing evening in a villa overlooking the valley, all the things that can only be experienced in Bali was compacted in the brief time we were there.

It was a most interesting gathering enjoyed by everyone, which brought all of us closer. This event was combined with year-end performance appraisal meeting where the new goals for the year 2011 were discussed.