An International Perspective Of Adjudication In The Construction Industry Ireland

Author : Anthony Hussey,Niall Lawless,Damien Keogh
Publisher : Routledge
Page : 392 pages
File Size : 43,7 Mb
Release : 2019-07-07
Category : Electronic
ISBN : 1138020303

Get Book

An International Perspective of Adjudication in the Construction Industry - Ireland by Anthony Hussey,Niall Lawless,Damien Keogh 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 experiences of forty 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 : Anil Changaroth
Publisher : Routledge
Page : 200 pages
File Size : 48,6 Mb
Release : 2015-07-15
Category : Electronic
ISBN : 1138775541

Get Book

An International Perspective of Adjudication in the Construction Industry - Singapore by Anil Changaroth Pdf

Drawing on the authors' experience in practicing construction law, this book provides invaluable guidance for employers and contractors on the adjudication process. Best practice and procedure required to comply with Singaporean adjudication law is described in detail; including case studies, case law, and sample documentation for the parties involved, or those who want to act as adjudicators. Aimed at construction, engineering and legal professionals and students who have an interest in dispute resolution and adjudication, this book also includes an in-depth comparison of the provisions of the adjudication acts in Australia, Ireland, Malaysia, New Zealand, Singapore and the UK. It highlights unique features resulting from cultural differences as well as variations in construction industry custom and practice.

Author : Damien Keogh,Niall Lawless
Publisher : Routledge
Page : 362 pages
File Size : 40,9 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 : Edward Davies,Peter Fenn,Michael O'Shea
Publisher : Routledge
Page : 888 pages
File Size : 43,9 Mb
Release : 2005-10-05
Category : Architecture
ISBN : 9781135807542

Get Book

Dispute Resolution and Conflict Management in Construction by Edward Davies,Peter Fenn,Michael O'Shea Pdf

Many construction conflicts and disputes are not limited to particular jurisdictions or cultures, but are increasingly becoming common across the industry worldwide. This book is an invaluable guide to international construction law, written by a team of experts and focusing on the following national systems: Australia, Canada, China, England and Wales, Estonia, Hong Kong, Iraq, Ireland, Italy, Japan, Malaysia, the Netherlands, Oman, Portugal, Quebec, Romania, Scotland, Sweden, Switzerland, and the USA. The book provides a consistent and rigorous analysis of each national system as well as the necessary tools for managing conflict and resolving disputes on construction projects.

Author : Anthony Hussey
Publisher : Routledge
Page : 216 pages
File Size : 48,5 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 : Chirag Balyan,Yashraj Samant
Publisher : Thomson Reuters
Page : 530 pages
File Size : 45,5 Mb
Release : 2022-01-01
Category : Law
ISBN : 9789391340452

Get Book

SPECIALIZED ARBITRATION: EMERGING INTERNATIONAL TRENDS AND PRACTICES by Chirag Balyan,Yashraj Samant Pdf

Author : James Pickavance
Publisher : John Wiley & Sons
Page : 770 pages
File Size : 51,8 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 : Brian Bond (Writer of Construction industry dispute)
Publisher : Unknown
Page : 0 pages
File Size : 40,6 Mb
Release : 2023
Category : Conciliation (Civil procedure)
ISBN : 0367761068

Get Book

Conciliation of Construction Industry Disputes by Brian Bond (Writer of Construction industry dispute) Pdf

"Conciliation of Construction Industry Disputes describes Conciliation as it has evolved and been practised in Ireland for the past 25 years and provides readers with practical guidance on this Alternative Dispute Resolution (ADR) method. Conciliation combines advantages of both mediation and adjudication and has been very widely practiced in Ireland over the last 25 years. It is low cost, quick and has been hugely successful. It continues to be the most used and preferred method of resolution of disputes in Irish construction contracts despite the introduction of statutory adjudication. The book includes a comparison of the various methods of ADR and will assess how Conciliation fits into them, noting the pros and cons of each. Conciliation is described in detail and the reasons for its success will be analysed. This book provides comprehensive guidance on how conciliation should be conducted to maximise its chance of being successful. Drawing on his wide experience of resolving disputes by conciliation, Brian Bond illustrates the problems which can be encountered and how they may be overcome. This book will be useful reading for all involved in construction contracts, construction managers, lawyers and legal advisers, conciliators, those aspiring to become conciliators and anyone looking for an alternative dispute resolution method to a construction contracts dispute"--

Author : Susan Blake,Julie Browne,Stuart Sime
Publisher : Oxford University Press, USA
Page : 640 pages
File Size : 53,7 Mb
Release : 2012-08-16
Category : Law
ISBN : 9780199644988

Get Book

A Practical Approach to Alternative Dispute Resolution by Susan Blake,Julie Browne,Stuart Sime Pdf

A Practical Approach to Alternative Dispute Resolution will appeal to law students and practitioners looking for a book that deals with the full range of ADR processes. This comprehensive book covers the core topics on the dispute resolution module for the BPTC. Its practical focus highlights the key processes and procedures for each topic.

Author : Brian Bond
Publisher : Taylor & Francis
Page : 336 pages
File Size : 43,6 Mb
Release : 2023-11-10
Category : Law
ISBN : 9781000989465

Get Book

Conciliation of Construction Industry Disputes by Brian Bond Pdf

Conciliation of Construction Industry Disputes describes Conciliation as it has evolved and been practised in Ireland for the past 25 years and provides readers with practical guidance on this Alternative Dispute Resolution (ADR) method. Conciliation combines advantages of both mediation and adjudication and has been very widely practiced in Ireland over the last 25 years. It is low cost, quick and has been hugely successful. It continues to be the most used and preferred method of resolution of disputes in Irish construction contracts despite the introduction of statutory adjudication. The book includes a comparison of the various methods of ADR and will assess how Conciliation fits into them, noting the pros and cons of each. Conciliation is described in detail and the reasons for its success are analysed. This book provides comprehensive guidance on how conciliation should be conducted to maximise its chance of being successful. Drawing on his wide experience of resolving disputes by conciliation, Brian Bond illustrates the problems which can be encountered and how they may be overcome. This book will be useful reading for all involved in construction contracts, construction managers, lawyers and legal advisers, conciliators, those aspiring to become conciliators and anyone looking for an alternative dispute resolution method to a construction contracts dispute.

Author : Wolfgang Breyer
Publisher : Taylor & Francis
Page : 564 pages
File Size : 45,6 Mb
Release : 2024-03-29
Category : Law
ISBN : 9781317369936

Get Book

International Construction Law by Wolfgang Breyer Pdf

The construction industry routinely operates across international borders, which means that construction professionals need to have a good understanding of how legislation in different jurisdictions might affect their work. This book is an in-depth analysis of international construction law from all the major jurisdictions of the world, alongside their relevant contract law principles, helping the reader to prepare for the complexity of an international construction project. The book begins by introducing the major families of law, before looking at individual jurisdictions. Each chapter is written by an experienced legal professional operating in that region and covers subjects such as: taking over, defects liabilities, warranties, design issues, termination, bonds and guarantees, limitation of liability, and more. The systems included are: German civil system (Germanic code) French civil system (Napoleonic code) English common law system GCC countries civil law system (with emphasis on UAE, Qatar, Saudi Arabia, and Egypt) Nordic legal system Chinese civil system Finally, the book will discuss the national standard construction contracts used in the differing legal systems and the widely used FIDIC contracts. The combination of truly international coverage with the practical insight of experienced practitioners means that this book will be invaluable to any professional involved in the construction industry including lawyers, project managers, contractors, and investors as well as academics in the field.

Author : Andrew Burr
Publisher : Taylor & Francis
Page : 463 pages
File Size : 48,9 Mb
Release : 2017-04-07
Category : Law
ISBN : 9781315294520

Get Book

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 : Philip Loots,Donald Charrett
Publisher : Taylor & Francis
Page : 909 pages
File Size : 42,6 Mb
Release : 2022-05-18
Category : Law
ISBN : 9781000566567

Get Book

Contracts for Infrastructure Projects by Philip Loots,Donald Charrett Pdf

Contracts for Infrastructure Projects: An International Guide provides a guide to the law relating to construction contracts for infrastructure projects; it is intended for the use of engineers and other professionals who are involved in the negotiation and administration of construction contracts, to enable them to understand the risks involved, and how to minimise them. The principles of construction law outlined in this book apply to small construction contracts as well as very large contracts for which the contract sum may be in the billions of dollars. The focus of the book is on construction contracts entered into by commercial organisations operating in a business environment. Contract law generally assumes that such parties are of equal bargaining power and puts relatively few fetters on their ability to agree on the terms of their bargain. However, where legislation impacts on the execution of construction projects or the operation of construction contracts it may be of major importance in protecting the rights of weaker parties or third parties. It is assumed that the users of this book will be familiar with the general concepts of tendering and contracting for engineering and construction projects but may not have any formal knowledge of the law. To the extent possible, the emphasis is on general principles of contract law that are widely accepted in many jurisdictions. Examples are drawn from case law in a number of common law jurisdictions, as well as from civil codes.

Author : Gabriël A. Moens,Philip Evans
Publisher : Springer
Page : 259 pages
File Size : 45,9 Mb
Release : 2015-05-18
Category : Law
ISBN : 9783319174525

Get Book

Arbitration and Dispute Resolution in the Resources Sector by Gabriël A. Moens,Philip Evans Pdf

This book provides a comprehensive Australian perspective on the resolution of resources disputes. In particular, it focuses on the use of arbitration, mediation and adjudication in the resources sector. It concentrates on arbitration as the preferred method of dispute resolution, including international commercial and investor-state arbitration. The book offers fascinating insights into the use of arbitration to investment disputes involving resources companies in the African OHADA countries, Australia and other countries. It offers an Australian perspective which will be useful to discerning arbitration scholars and dispute resolvers. In addition, the book provides useful information on how to draft arbitration clauses for resources sector contracts. This publication will be of interest to members of the academic research community and will also appeal to dispute resolution professionals and practitioners.

Author : Haytham Besaiso
Publisher : Taylor & Francis
Page : 246 pages
File Size : 48,9 Mb
Release : 2023-10-03
Category : Law
ISBN : 9781000957136

Get Book

Decision-making in International Construction Arbitration by Haytham Besaiso Pdf

This book contributes to the empirical understanding of how arbitrators make their decisions on the substance of commercial disputes arising from international construction projects. It is based on in-depth interviews with 28 international construction arbitrators and on the analysis of dozens of international construction arbitration awards. The combined experience of those who participated in the author’s research amounted to hundreds of international construction arbitrations (~ 300 cases) in addition to several hundred international commercial arbitrations. It presents the results of the first and largest research to be undertaken in this area, and it will be useful to arbitration practitioners and scholars and to the wider audience of dispute resolution students, practitioners, and theorists. In turn, the book examines to what extent international arbitrators apply the law as the substantive norm, providing an explanation for that, and then offers insights into whether arbitrators, in fact, lean towards commercial and transnational norms to construe the parties’ contract before discussing to what extent international arbitrators take into account fairness considerations to reach their decisions on the merits of the parties’ claims. The book also examines to what extent international arbitrators apply mandatory rules of foreign law. Lastly, it provides insight into the effect of arbitrators’ background characteristics on their decisions. Written for arbitration practitioners (arbitrators and legal counsel) and scholars, the book will be useful for both experienced arbitrators and those starting their arbitration career or studying for their arbitration qualification. It will also be useful for project professionals involved in contract management and dispute resolution.