A Practical Guide To Adjudication In Construction Matters

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A Practical Guide to Construction Adjudication

Author : James Pickavance
Publisher : John Wiley & Sons
Page : 770 pages
File Size : 52,9 Mb
Release : 2015-12-21
Category : Law
ISBN : 9781118717950

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A Practical Guide to Construction Adjudication by James Pickavance Pdf

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.

A Practical Guide to Adjudication in Construction Matters

Author : Richard N. M. Anderson
Publisher : W. Green & Son
Page : 990 pages
File Size : 54,6 Mb
Release : 2000-01-01
Category : Arbitration and award
ISBN : 0414013018

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A Practical Guide to Adjudication in Construction Matters by Richard N. M. Anderson Pdf

Acts as a guide to the adjudication procedures under the Housing Grants and Regeneration Act 1996. The text is structured so that the referring party, the receiving party and the adjudicator can look up the section relevant to them, detailing rights and duties under the ICT and ICE Procedures.

Statutory Adjudication

Author : Derek Simmonds
Publisher : John Wiley & Sons
Page : 288 pages
File Size : 47,7 Mb
Release : 2008-04-15
Category : Technology & Engineering
ISBN : 9781405150996

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Statutory Adjudication by Derek Simmonds Pdf

Existing books on construction adjudication have either been written as an introduction to the subject when the Housing Grants, Construction and Regeneration Act was first introduced in 1996, or they are aimed at professionals representing parties or at adjudicators themselves. In contrast, this book has been written for the parties to adjudication, particularly those new to the process. It takes a straightforward, practical approach to the subject, dealing with the process step-by-step. The first part takes a party who is referring a dispute through the stages of the adjudication process, including the presentation of a referral submission, to the enforcement of an award. Part 2 examines the position of a party faced with adjudication, highlighting the various actions necessary to protect its interest, and explains how a decision can be challenged. Part 3 looks at matters of common interest. Statutory payment provisions and the Scheme for Construction Contracts are dealt with in Part 4, and Part 5 compares the most frequently used adjudication provisions and procedures. Appendices include an alphabetical list of 139 adjudication cases which are also categorised to show the aspect or aspects with which they are principally concerned.

Practical Guide to Engineering and Construction Contracts

Author : Philip Loots,Donald Charrett
Publisher : CCH Australia Limited
Page : 481 pages
File Size : 40,7 Mb
Release : 2009
Category : Law
ISBN : 9781921593529

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Practical Guide to Engineering and Construction Contracts by Philip Loots,Donald Charrett Pdf

This hard cover book offers a concise, practical guide to the law relating to construction contracts in Australia. Written for engineers negotiating and administering construction contracts, it aims to assist readers in understanding the risks associated with these contracts and how to minimise them. The book is written by two experienced and respected authors who have a unique combination of local and international practical experience and professional and academic background in law and engineering.Oxford University Press Australia & New Zealand is the non-exclusive distributor of this title.

Construction Adjudication

Author : John Riches,Christopher Dancaster
Publisher : John Wiley & Sons
Page : 424 pages
File Size : 55,8 Mb
Release : 2008-04-15
Category : Technology & Engineering
ISBN : 9781405172066

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Construction Adjudication by John Riches,Christopher Dancaster Pdf

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.

Practical Adjudication for Construction Professionals

Author : Leslie J. Edwards,Richard N. M. Anderson
Publisher : Thomas Telford
Page : 312 pages
File Size : 50,7 Mb
Release : 2002
Category : Arbitration and award
ISBN : 0727731092

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Practical Adjudication for Construction Professionals by Leslie J. Edwards,Richard N. M. Anderson Pdf

- Introduction Part 1: Legislation and formal adjudication procedures - The Construction Act - ICE Adudication Procedure - JCT Adjudication Procedure - GC/Works Adjudication Procedure - CIC Model Adjudication Procedure - The Scheme - Draft Proposed Possible Scheme Amendments Part 2: The conduct of an adjudication - Adjudicator appointments - Jurisdiction - Procedural fairness - Conduct of the adjudication - The Decision Part 3: Supplementary matters - Miscellaneous issues - Appeals and enforcement - Insurance implications - Conclusions - Appendices - Bibliography

Adjudication in Construction Contracts

Author : John Redmond
Publisher : John Wiley & Sons
Page : 274 pages
File Size : 45,8 Mb
Release : 2008-04-15
Category : Technology & Engineering
ISBN : 9780470680230

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Adjudication in Construction Contracts by John Redmond Pdf

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.

A Practical Guide to Construction Adjudication

Author : James Pickavance
Publisher : John Wiley & Sons
Page : 768 pages
File Size : 42,5 Mb
Release : 2015-10-23
Category : Law
ISBN : 9781118717943

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A Practical Guide to Construction Adjudication by James Pickavance Pdf

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.

The Construction Act

Author : Martin Wood,Martin A. Wood
Publisher : Chartridge Books Oxford
Page : 185 pages
File Size : 43,5 Mb
Release : 1999
Category : Law
ISBN : 9781902375205

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The Construction Act by Martin Wood,Martin A. Wood Pdf

This title looks at the implications of the Housing Grants, Construction and Regeneration Act. It provides guidance to help construction practitioners get to grips with the implications of the act. It also focuses on standard forms, and how the act affects payment and compliance.

Smith, Currie & Hancock's Common Sense Construction Law

Author : John M. Mastin,Eric L. Nelson,Ronald G. Robey,Smith, Currie & Hancock LLP
Publisher : John Wiley & Sons
Page : 768 pages
File Size : 48,8 Mb
Release : 2019-08-28
Category : Technology & Engineering
ISBN : 9781119540199

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Smith, Currie & Hancock's Common Sense Construction Law by John M. Mastin,Eric L. Nelson,Ronald G. Robey,Smith, Currie & Hancock LLP Pdf

The #1 construction law guide for construction professionals Updated and expanded to reflect the most recent changes in construction law, this practical guide teaches readersthe difficult theories, principles, and established rules that regulate the construction business. It addresses the practical steps required to avoid and mitigate risks—whether the project is performed domestically or internationally, or whether it uses a traditional design-bid-build delivery system or one of the many alternative project delivery systems. Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional provides a comprehensive introduction to the important legal topics and questions affecting the construction industry today. This latest edition features: all-new coverage of Electronically Stored Information (ESI) and Integrated Project Delivery (IPD); extended information on the civil False Claims Act; and fully updated references to current AIA, ConsensusDocs, DBIA, and EJDC contract documents. Chapters coverthe legal context of construction; interpreting a contract; public-private partnerships (P3); design-build and EPC; and international construction contracts. Other topics include: management techniques to limit risks and avoid disputes; proving costs and damages, including for changes and claims for delay and disruption; construction insurance, including general liability, builders risk, professional liability, OCIP, CCIP, and OPPI; bankruptcy; federal government construction contracting; and more. Fully updated with comprehensive coverage of the significant legal topics and questions that affect the construction industry Discusses new project delivery methods including Public-Private Partnerships (P3) and Integrated Project Delivery (IPD) Presents new coverage of digital tools and processes including Electronically Stored Information (ESI) Provides extended and updated coverage of the civil False Claims Act as it relates to government construction contracting Filled with checklists, sample forms, and summary “Points to Remember” for each chapter, Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional, Sixth Edition is the perfect resource for construction firm managers, contractors, subcontractors, architects and engineers. It will also greatly benefit students in construction management, civil engineering, and architecture.

International Contractual and Statutory Adjudication

Author : Andrew Burr
Publisher : Taylor & Francis
Page : 534 pages
File Size : 41,5 Mb
Release : 2017-04-07
Category : Law
ISBN : 9781315294513

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International Contractual and Statutory Adjudication by Andrew Burr Pdf

A compilation of commentaries on the various jurisdictions where there either is, or is planned, a statutory adjudication system , this is a review of such systems worldwide in the commercial and construction fields. It features analysis by specialist advisory editors on the adjudication system in place in each separate jurisdiction, together with a copy of the relevant local legislation, and permits a comparative approach between each. This book addresses statutory adjudication in a way that is practically useful and academically rigorous. As such, it remains an essential reference for any lawyer, project manager,contractor or academic involved with the commercial and construction fields.

Arbitration’s Age of Enlightenment?

Author : Cavinder Bull,Loretta Malintoppi,Constantine Partasides
Publisher : Kluwer Law International B.V.
Page : 1063 pages
File Size : 48,7 Mb
Release : 2023-09-12
Category : Law
ISBN : 9789403513874

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Arbitration’s Age of Enlightenment? by Cavinder Bull,Loretta Malintoppi,Constantine Partasides Pdf

Directly presenting the considered views of a broad cross-section of the international arbitration community, this timely collection of essays addresses the criticism of the arbitral process that has been voiced in recent years, interpreting the challenge as an invitation to enlightenment. The volume records the entire proceedings of the twenty-fifth Congress of the International Council for Commercial Arbitration (ICCA), held in Edinburgh in September 2022. Topics range from the impact of artificial intelligence to the role of international arbitration in restraining resort to unilateralism, protectionism, and nationalism. The contributors tackle such contentious issues as the following: time and cost; gender and cultural diversity; confidentiality vs. transparency; investor-State dispute settlement procedures; the proposed establishment of a permanent international investment court system; how cross-fertilisation across different disciplines may impact international arbitration; determining whether a document request seeks documents that are relevant and material to the outcome of a dispute; whether we would be better off if investment arbitration were to disappear; and implications for international arbitration of the Russian invasion of Ukraine. There is consideration of global issues that are likely to give rise to disputes in the future, including climate change, environmental protection, access to depleting water resources, energy and mining transition, and human rights initiatives. Several contributions focus on developments in specific countries (China, India) and regions (Africa, the Middle East). Arbitrators, corporate counsel, and policymakers will appreciate this opportunity to engage with current thinking on key issues in international commercial and investment arbitration, especially given the diversity of thought presented by authors from all over the world.

FIDIC Contracts in Europe

Author : Donald Charrett
Publisher : Taylor & Francis
Page : 705 pages
File Size : 45,9 Mb
Release : 2022-11-29
Category : Law
ISBN : 9781000779158

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FIDIC Contracts in Europe by Donald Charrett Pdf

FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC need to be supplemented by Particular Conditions that specify the specific requirements of that project. FIDIC Contracts in Europe: A Practical Guide to Application provides readers with detailed guidance and resources for the preparation of the Particular Conditions that will comply with the requirements of the applicable laws that apply to the site where the work is carried out, and for the governing law of the contract, for a number of the jurisdictions in which FIDIC contracts are used. This book closely follows the format of The International Application of FIDIC Contracts, with the addition of an outline of the construction industry and information on the impact of COVID-19 on both the execution and operation of construction contracts in each jurisdiction. This book is essential reading for construction professionals, lawyers and students of construction law.

FIDIC Contracts in the Americas

Author : Donald Charrett
Publisher : Taylor & Francis
Page : 294 pages
File Size : 41,8 Mb
Release : 2023-07-18
Category : Law
ISBN : 9781000902464

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FIDIC Contracts in the Americas by Donald Charrett Pdf

FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC may need to be supplemented by Particular Conditions that specify the specific requirements of that project and jurisdiction. FIDIC Contracts in the Americas: A Practical Guide to Application provides readers with an overview of the legal environment, the construction industry and features of contract law applying to construction contracts in a number of jurisdictions in the Americas. It provides detailed guidance for the preparation of the Particular Conditions for FIDIC contracts that will comply with the requirements of the applicable laws that apply to the site where the work is carried out, and for the governing law of the contract. This book also details the impact of COVID-19 on both the execution of construction projects and the operation of construction contracts in each jurisdiction. This book is essential reading for construction professionals, lawyers and students of construction law.

A Practical Guide to Successful Construction Projects

Author : Arent van Wassenaer
Publisher : Taylor & Francis
Page : 366 pages
File Size : 50,8 Mb
Release : 2017-04-21
Category : Law
ISBN : 9781315470030

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A Practical Guide to Successful Construction Projects by Arent van Wassenaer Pdf

Written by experienced and innovative projects lawyer Arent van Wassenaer, this book explains what the critical success factors are for construction projects to be completed on time, within everyone’s budget, to the right quality, with all stakeholders satisfied and without disputes. In so doing, van Wassenaer discusses how such projects could be structured, tendered for, executed and completed, and what legal and non-legal mechanisms are available to achieve success in construction projects. Using examples of real projects, A Practical Guide to Successful Construction Projects provides tools for those in leading and managerial positions within the construction industry to change – where necessary – their usual operational methods into methods which are aimed at achieving project success.