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- 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
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 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.
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.
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.
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.
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.
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.
Analyses how conflicts on construction projects all too often escalate into costly and drawn-out disputes. It identifies strategies that parties can employ to ensure that conflicts are used to generate positive solutions to problems rather than escalating those problems into disputes. Gerber and Ong, Monash University.
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.