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Adjudication In Construction Contracts

Author : John Redmond
ISBN : 9780470680230
Genre : Technology & Engineering
File Size : 79.36 MB
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Adjudication was introduced in construction contracts as a requirement of the Housing Grants, Construction and Regeneration Act in 1998 to tackle the large number of disputes which dog most projects. Provisions for adjudication are now included in all standard construction forms and are implied into all construction contracts that do not expressly include them. When adjudication was first launched there were enormous uncertainties about how it would work in practice, and books published to coincide with the launch could only speculate on this. This new guide, written by a construction lawyer and experienced adjudicator, is the first to explain how adjudication is actually working in practice. It covers all the major court decisions which have clarified enforcement, adjudicator errors and problems such as definition of construction contracts, jurisdiction, insolvency, natural justice and human rights. It also deals with the complex requirements of the legislation regarding payment terms. This will provide a highly readable, but authoritative guide for all involved in adjudications, whether contracts directors, construction consultants, lawyers or adjudicators.
Category: Technology & Engineering

Construction Adjudication

Author : John Riches
ISBN : 9781405172066
Genre : Technology & Engineering
File Size : 32.43 MB
Format : PDF, Kindle
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Adjudication has been the main means of settling construction disputes since it was first introduced by the Housing Grants, Construction and Regeneration Act 1996, and a substantial body of case law has now built up. This book established itself as the key authority on adjudication when it was first published. It has now been revised to reflect the authors' experience of adjudication in practice and to cover the large number of court decisions. It features useful appendices on adjudication materials.
Category: Technology & Engineering

Adjudication Under The Scheme For Construction Contracts

Author : Guy Cottam
ISBN : 0727731475
Genre : Technology & Engineering
File Size : 83.14 MB
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This book is a simple, practical guide to the effects of the Housing Grants, Construction and Regeneration Act 1996, and the Scheme for Construction Contracts which is a Regulation produced under the Act. It does not go through the Scheme clause by clause, but clearly and concisely explains the actions required by the Scheme stage by stage. It is not a legal treatise, but is a simple, straightforward guide, which has been specifically written to help those people who have a dispute which is referred to adjudication, or who have difficulties understanding the payment terms. In one, handy, concise volume, this book delivers practical advice and guidance on how to present your information to the adjudicator, what to expect from the other parties involved and how to enforce a decision if the other party does not implement it. Since the first edition of this popular book was launched in 1998, adjudication has become an outstanding success and there have been over 200 court judgements, mostly on enforcement proceedings and four decisions of the Court of Appeal. The effects of these judgements have been reflected in this new edition. Experience has also shown that probably the most important feature of the Housing Grants, Construction and Regeneration Act 1996 has been the payment provisions. The section on the payment provisions has therefore been expanded to take account of our better understanding of their effects.
Category: Technology & Engineering

Adjudication In Construction Law

Author : Darryl Royce
ISBN : 9781317434016
Genre : Law
File Size : 74.57 MB
Format : PDF, Kindle
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This book brings together, in one convenient place, all the relevant material on the process of Adjudication in Construction. It will provide clarity for those involved in the adjudication process, or related proceedings, in the form of a detailed and reliable text that supports each proposition with a statutory provision or a judicial observation. Included in this book is a summary of the different procedures adopted in other jurisdictions, as well as a chronological account of the reviews and proposals for reforms made to Part II of the Housing Grants, Construction and Regeneration Act 1996. There is also an explanation of the payment procedures under the statutory framework. Finally, readers will be able to make use of appendices comprised of the statutory material, the various contractual adjudication procedures currently available, and necessary forms. Any lawyers or construction professionals involved in Adjudication will find this book to be a clear and comprehensive aid to their practice.
Category: Law

Adjudication For Architects And Engineers

Author : John Timpson
ISBN : 0727726722
Genre : Construction contracts
File Size : 53.73 MB
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- Introduction - Background and development of dispute resolution in construction - Resolving disputes by adjudication - The Adjudicator's decision - The Act - Clause by clause commentary and discussion - The Scheme - ICE Contracts - The NEC Family of Contracts - JCT Contracts - Other Construction Contracts - Consultant's Contracts - Legal Notes (Written by Roger Dyer) - Appendices
Category: Construction contracts

A Practical Guide To Construction Adjudication

Author : James Pickavance
ISBN : 9781118717950
Genre : Arbitration and award
File Size : 76.61 MB
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In the United Kingdom, adjudication is available as a right for parties to a construction contract, following the enactment of the Housing Grants Construction and Regeneration Act 1996. In general, within a comparatively short period of time, parties in dispute will have a decision from an adjudicator, which, except in limited circumstances, the courts will enforce. Adjudication has become the number one method of dispute resolution in the construction industry. The short timescale means that a party needs to know what to do, when to do it and be able to check that the other party and the adjudicator are following the right steps. A Practical Guide to Construction Adjudication gives parties the necessary information to achieve this. It provides a straightforward overview of the process and procedure of adjudication by reference to legislation and case law, augmented with practical guidance including suggestions on what to do or not to do, drafting tips and checklists. Separate chapters for Scotland and Northern Ireland identify and explain the differences in procedure and judicial interpretation between those jurisdictions and England and Wales, and further detailed explanations of the adjudication regimes in Australia, Ireland, Malaysia, New Zealand and Singapore are included. Each of the chapters on jurisdictions outside England and Wales has been written by senior experts in those jurisdictions to ensure the content is accurate and insightful. There are a range of helpful appendices including a bank of model form adjudication documents and tabulated detailed comparisons of the Scheme for Construction Contracts, the other major adjudication rules, the major adjudicator nominating bodies and the UK and international regimes. Readers will particularly appreciate the most comprehensive index of adjudication cases available, sorted into 260 subject headings providing immediate access to all the reported cases on any adjudication topic.
Category: Arbitration and award

Coulson On Construction Adjudication

Author : Peter Coulson
ISBN : 9780199597222
Genre : Law
File Size : 72.5 MB
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Written by a High Court Judge, this new edition of Coulson on Construction Adjudication provides authoritative coverage of the law and practice of adjudication in construction and engineering disputes, offering penetrating analysis of the large number of decisions on the legal effect and status of an adjudicator's decision.
Category: Law

Construction Contracts Act 2002

Author : M. Weatherall
ISBN : 1927227186
Genre : Constructions contracts
File Size : 78.39 MB
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Of interest to anyone involved in the progress payment process under the Construction Contracts Act 2002, construction and engineering professionals, as well as lawyers, will find this title an indispensable source of knowledge and guidance. This title is a required resource by anyone who works in the construction and engineering sector.
Category: Constructions contracts

Construction Adjudication

Author : Peter Coulson
ISBN : 0199235503
Genre : Law
File Size : 69.56 MB
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This is the first comprehensive text book to deal with the law and practice of adjudication in construction and engineering disputes. The Housing Grants, Construction and Regeneration Act 1996 introduced adjudication as a new and compulsory form of dispute resolution mechanism in construction contracts, pursuant to which all disputes will be decided in 28 days by an adjudicator, whose decision then remains binding and enforceable,unless and until it is challenged in court or arbitration. There have been tens of thousands of such adjudications in the decade since the Act came into force, and nearly 250 reported judgements, as the Technology and Construction Court and the Court of Appeal have set out guidance to the parties(and the adjudicators) on the proper approach to the running of an adjudication and the legal effect and status of the adjudicator's decision.The volume of such cases, and the constant refining of the relevant principles by the courts, has meant that it is only now possible for a detailed work on this subject to be prepared. This textbook analyses all these decisions under clear headings, and explains the scope and limits of anadjudicator's jurisdiction. It also includes a section full of practical advice to parties and to adjudicators as to how they can ensure a successful adjudication.Written by a Senior Circuit judge, who sits full time at the Technology and Construction Court, Construction Adjudication provides an authoritative and up to date text which will be of invaluable help to all those involved in the adjudication process.
Category: Law

Practical Adjudication

Author : Leslie J. Edwards
ISBN : 0727731092
Genre : Technology & Engineering
File Size : 45.56 MB
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Adjudication provisions are now a fundamental part of construction contracts. A clear and concise understanding of the adjudication process is therefore essential. Practical adjudication for construction professionals presents practical advice on the process of adjudication and how best to proceed to an ultimate decision. This up-to-date book is divided into three parts. Part 1 provides details of the legal requirements for construction adjudication, describes and critically reviews the Construction Act, the current Scheme for Construction Contracts and the ICE, JCT, GC/Works and CIC contractual adjudication procedures. In Part 2, the procedural conduct of adjudication - from the occurence of a dispute, through the appointment of an Adjudicator, to the production of an adjudication decision - are examined. Following on from this, more general issues, including insurance aspects, are discussed in Part 3. Several appendices and a comprehensive list of adjudication cases and summaries are provided at the end of the book. The book incorporates valuable guidance from recently decided legal cases, identifies significant differences between statutory Scheme adjudications and contractual adjudications, and highlights the increasing divergence in some areas between the decisions of the English and Scottish courts. Included within this essential resource are details of the amendments to the Scheme which the Government originally proposed, and - in the absence of any current legislative proposals - the most recent consultation document Adjudication under the Scheme - Guidance to Adjudicators produced by Construction Umbrella Bodies Adjudication Task Group.
Category: Technology & Engineering