Adjudication Under The Scheme For Construction Contracts

Author : John Redmond
Publisher : John Wiley & Sons
Page : 274 pages
File Size : 41,6 Mb
Release : 2008-04-15
Category : Technology & Engineering
ISBN : 9780470680230

Get Book

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 : Guy Cottam
Publisher : Thomas Telford
Page : 328 pages
File Size : 48,5 Mb
Release : 2002
Category : Construction contracts
ISBN : 0727731475

Get Book

Adjudication Under the Scheme for Construction Contracts by Guy Cottam Pdf

This is a 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 explains the actions required by the scheme stage by stage.

Author : James Pickavance
Publisher : John Wiley & Sons
Page : 770 pages
File Size : 48,8 Mb
Release : 2015-12-21
Category : Law
ISBN : 9781118717950

Get Book

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 : 54,7 Mb
Release : 2008-04-15
Category : Technology & Engineering
ISBN : 9781405172066

Get Book

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 : John Timpson,Brian Totterdill
Publisher : Thomas Telford
Page : 434 pages
File Size : 53,5 Mb
Release : 1999
Category : Arbitration and award
ISBN : 0727726722

Get Book

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

Author : Derek Simmonds
Publisher : John Wiley & Sons
Page : 288 pages
File Size : 53,6 Mb
Release : 2008-04-15
Category : Technology & Engineering
ISBN : 9781405150996

Get Book

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.

Author : Darryl Royce
Publisher : Taylor & Francis
Page : 607 pages
File Size : 51,6 Mb
Release : 2022-01-20
Category : Law
ISBN : 9781000487954

Get Book

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 : Leslie J. Edwards,Richard N. M. Anderson
Publisher : Thomas Telford
Page : 312 pages
File Size : 41,5 Mb
Release : 2002
Category : Arbitration and award
ISBN : 0727731092

Get Book

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 : Brian Totterdill
Publisher : Thomas Telford
Page : 88 pages
File Size : 41,7 Mb
Release : 1998
Category : Administrative procedure
ISBN : 0727726641

Get Book

ICE Adjudication Procedure (1997) by Brian Totterdill Pdf

This title provides practical guidance to the new ICE Adjudication Procedure (1997). It includes a review of the requirements of the Housing Grants and Construction Regeneration Act 1996 and their application to construction adjudication. The Procedure is reviewed in detail, with notes on each clause and guidance for practical application.

Author : Robert Stevenson,Peter Chapman
Publisher : Jordans
Page : 187 pages
File Size : 49,9 Mb
Release : 1999
Category : Law
ISBN : 0853084882

Get Book

Construction Adjudication by Robert Stevenson,Peter Chapman Pdf

The Housing Grants, Construction and Regeneration Act 1996 requires that every construction contract and sub-contract has to provide for an adjudication procedure. This will require that every contractual dispute should be resolved within twenty-eight days of its occurrence. All construction lawyers will need to know how best to advise their clients and how to represent them in disputes effectively. Construction Adjudicatio will provide the answers and will prove essential reading for all advising in this field. Available on 28 days' approval.

Author : Richard N. M. Anderson
Publisher : Thomas Telford
Page : 434 pages
File Size : 54,5 Mb
Release : 2001
Category : Law
ISBN : 0727729977

Get Book

Adjudication Under the NEC by Richard N. M. Anderson Pdf

This guide provides engineering and construction professionals with answers to the questions surrounding the adjudicative process.

Author : Damien Keogh,Niall Lawless
Publisher : Routledge
Page : 362 pages
File Size : 54,7 Mb
Release : 2020-07-14
Category : Law
ISBN : 9781317381792

Get Book

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 : Tim Eaton
Publisher : Unknown
Page : 126 pages
File Size : 42,7 Mb
Release : 1998-01-01
Category : Construction contracts
ISBN : 0953346404

Get Book

Adjudication in Construction Contracts - the Basics by Tim Eaton Pdf

Author : Anthony Hussey
Publisher : Routledge
Page : 216 pages
File Size : 46,8 Mb
Release : 2016-12-01
Category : Law
ISBN : 9781317284161

Get Book

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 : Dominique Rawley QC,Merissa Martinez,Kate Williams,Peter Land
Publisher : OUP Oxford
Page : 0 pages
File Size : 52,6 Mb
Release : 2013-08-08
Category : Law
ISBN : 0199551596

Get Book

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.