Adjudication In Construction Law

Author : Darryl Royce
Publisher : CRC Press
Page : 490 pages
File Size : 47,7 Mb
Release : 2016-03-17
Category : Law
ISBN : 9781317434016

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Adjudication in Construction Law by Darryl Royce Pdf

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.

Author : John Redmond
Publisher : John Wiley & Sons
Page : 274 pages
File Size : 55,5 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.

Author : Anthony Hussey
Publisher : Routledge
Page : 216 pages
File Size : 47,5 Mb
Release : 2016-12-01
Category : Law
ISBN : 9781317284161

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Construction Adjudication in Ireland by Anthony Hussey Pdf

The Construction Contracts Act 2013 introduces adjudication for the construction industry in Ireland for the first time. The essence of adjudication is in providing a means whereby disputes as to payment under a construction contract are resolved quickly and cheaply. The key feature distinguishing adjudication from other processes is that the money found due by the adjudicator must be paid pending the outcome of arbitration or litigation. Its primary function, therefore, is to ensure cash flow for contractors and sub-contractors. Leading construction lawyer Anthony Hussey’s new book is the first to provide a section by section analysis of the Act itself, an analysis of the Code of Practice, and a discussion of the likely constitutional issues to which the legislation will give rise. This practical legal reference is aimed at all those involved in construction contract disputes, be they lawyers, architects, engineers, quantity surveyors, contractors and sub-contractors.

Author : Darryl Royce
Publisher : Taylor & Francis
Page : 607 pages
File Size : 55,8 Mb
Release : 2022-01-20
Category : Law
ISBN : 9781000487954

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Adjudication in Construction Law by Darryl Royce Pdf

This book collects all the relevant material regarding the process of adjudication in construction. It provides clarity for those involved in the adjudication process or related proceedings with detailed and reliable analysis of them supported by statutory provisions and judicial observations. Adjudication in Construction Law discusses the role of ‘true value’ adjudications following smash and grab decisions on the basis of the absence of a pay less notice, the restraint of adjudication by injunction, hybrid contracts dealing with both construction operations and other operations and timing and content of payment notices and pay less notices. Additionally, this book includes a summary of the different procedures adopted in other jurisdictions, as well as an explanation of the payment procedures under the statutory framework. It also goes on to append all the relevant statutory material, contractual adjudication procedures and forms. A new feature of this edition is a detailed analysis and discussion of the development and of the ‘rules’ relating to the acceptability of a wrong answer provided that the right question has been dealt with, only one dispute being susceptible to adjudication and the necessity or otherwise of a dispute ‘arising under’ the construction contract. A clear and comprehensive aid, this book is an essential read for lawyers or construction professionals involved in adjudication.

Author : James Pickavance
Publisher : John Wiley & Sons
Page : 770 pages
File Size : 51,7 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.

Author : John Riches,Christopher Dancaster
Publisher : John Wiley & Sons
Page : 424 pages
File Size : 55,6 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.

Author : Peter Coulson
Publisher : Oceana Publications
Page : 476 pages
File Size : 54,6 Mb
Release : 2007
Category : Law
ISBN : 0199235503

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Construction Adjudication by Peter Coulson Pdf

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.

Author : Damien Keogh,Niall Lawless
Publisher : Routledge
Page : 362 pages
File Size : 53,9 Mb
Release : 2020-07-14
Category : Law
ISBN : 9781317381792

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Adjudication Practice and Procedure in Ireland by Damien Keogh,Niall Lawless Pdf

This adjudication textbook uniquely brings together a comprehensive analysis of, and commentary on, the Construction Contracts Act 2013 with a real-world perspective of adjudication, considering the knowledge, process and skills parties and adjudicators require in order to successfully participate in the adjudication process. Drawing on combined experience of 40 years in construction law, the authors provide invaluable guidance for all stakeholders in the adjudication process. The authors analyse and comment on the adjudication provisions of the Construction Contracts Act and describe prudent practice and procedure required to comply with Irish adjudication law, including case studies, case law and sample documentation for those to be involved as the parties, or those who want to act as adjudicators. Aimed at contractors, sub-contractors, developers, employers, construction, engineering and legal professionals and students, all of whom are either involved, or have an interest, in dispute resolution and adjudication.

Author : Leslie J. Edwards,Richard N. M. Anderson
Publisher : Thomas Telford
Page : 312 pages
File Size : 51,5 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

Author : Andrew Burr
Publisher : Taylor & Francis
Page : 534 pages
File Size : 46,8 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.

Author : Peter Coulson
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 40,5 Mb
Release : 2019
Category : Law
ISBN : 0198822111

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Coulson on Construction Adjudication by Peter Coulson Pdf

The fourth edition of Coulson on Construction Adjudication continues to provide the most authoritative and in-depth analysis of the law and practice of adjudication in construction and engineering disputes available.

Author : Kok Fong Chow,Chong Fong Lim,Chee Kheng Oon
Publisher : Unknown
Page : 467 pages
File Size : 42,6 Mb
Release : 2013
Category : Construction contracts
ISBN : OCLC:876156540

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Adjudication of Construction Payment Disputes in Malaysia by Kok Fong Chow,Chong Fong Lim,Chee Kheng Oon Pdf

Author : Dominique Rawley QC,Merissa Martinez,Kate Williams,Peter Land
Publisher : OUP Oxford
Page : 0 pages
File Size : 50,7 Mb
Release : 2013-08-08
Category : Law
ISBN : 0199551596

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Construction Adjudication and Payments Handbook by Dominique Rawley QC,Merissa Martinez,Kate Williams,Peter Land Pdf

This book provides a user-friendly and practical guide to compliance and adjudication under the Housing Grants, Construction and Regeneration Act 1996 and the proposed amendments to this Act under the forthcoming Local Democracy, Economic Development and Construction Bill. It provides an up-to-date compendium of case law and useful materials including adjudication and payment provisions of the Act.

Author : Cyril Chern
Publisher : CRC Press
Page : 679 pages
File Size : 40,5 Mb
Release : 2013-11-07
Category : Law
ISBN : 9781317748618

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The Law of Construction Disputes by Cyril Chern Pdf

The Law of Construction Disputes covers the construction dispute process by analysing the main areas that can lead to disputes and how to effectively deal with them once they have arisen. The book combines theory and practice along with exact excerpts of the leading case decisions covering the entire spectrum of construction law and the disputes that arise.

Author : John Timpson,Brian Totterdill
Publisher : Thomas Telford
Page : 434 pages
File Size : 51,5 Mb
Release : 1999
Category : Arbitration and award
ISBN : 0727726722

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Adjudication for Architects and Engineers by John Timpson,Brian Totterdill Pdf

- 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