A Practical Guide to Construction Adjudication

A Practical Guide to Construction Adjudication PDF Author: James Pickavance
Publisher: John Wiley & Sons
ISBN: 1118717953
Category : Law
Languages : en
Pages : 770

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Book Description
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 Construction Adjudication

A Practical Guide to Construction Adjudication PDF Author: James Pickavance
Publisher: John Wiley & Sons
ISBN: 1118717953
Category : Law
Languages : en
Pages : 770

Get Book Here

Book Description
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.

Statutory Adjudication

Statutory Adjudication PDF Author: Derek Simmonds
Publisher: John Wiley & Sons
ISBN: 1405150998
Category : Technology & Engineering
Languages : en
Pages : 288

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Book Description
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.

A Practical Guide to Adjudication in Construction Matters

A Practical Guide to Adjudication in Construction Matters PDF Author: Richard N. M. Anderson
Publisher: W. Green & Son
ISBN: 9780414013018
Category : Arbitration and award
Languages : en
Pages : 990

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Book Description
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.

Smith, Currie & Hancock's Common Sense Construction Law

Smith, Currie & Hancock's Common Sense Construction Law PDF Author: John M. Mastin
Publisher: John Wiley & Sons
ISBN: 1119540186
Category : Technology & Engineering
Languages : en
Pages : 1004

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Book Description
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.

Practical Guide to Construction Contract Surety Claims

Practical Guide to Construction Contract Surety Claims PDF Author: William Schwartzkopf
Publisher: Wolters Kluwer
ISBN: 0735552630
Category : Law
Languages : en
Pages : 1006

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Book Description
Practical Guide to Construction Contract Surety Claims, Second Edition provides clear guidance on the methods, procedures and case law surrounding the surety process. Whether you represent the surety, principal, or obligee, this one-of-a-kind reference will provide you with the indispensable, practical guidance and reliable tools you need to manage the surety process. Practical Guide to Construction Contract Surety Claims, Second Edition is logically organized around the various types of bonds - payment bond, bid bond, performance bond - as well as the claims that are asserted against those bonds, and the methods of investigation and resolution of those claims. It covers in detail the surety's options for resolving performance bond claims, including: Tender Completion by the obligee Completion by surety Financing the principal This book also addresses matters that affect the claims handling process, such as: Bankruptcy of the principal Claims for extra-contractual damages Claims by the surety against the principal Indemnity for losses sustained by the surety The interrelationship of the surety and the insurance carriers for the construction project Valuable analysis of case law is included within the discussion of each topic, and the relevant facts of key cases are highlighted where applicable. Bonus Interactive CD-ROM Includes All Forms and Documents This unique CD-ROM contains nearly 150 forms, such as sample agreements and correspondence among the parties, providing the guidance you need to act quickly and protect your client's interests in any situation.

Construction Adjudication

Construction Adjudication PDF Author: John Riches
Publisher: John Wiley & Sons
ISBN: 1405172061
Category : Technology & Engineering
Languages : en
Pages : 424

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Book Description
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.

Adjudication in Construction Contracts

Adjudication in Construction Contracts PDF Author: John Redmond
Publisher: John Wiley & Sons
ISBN: 0470680237
Category : Technology & Engineering
Languages : en
Pages : 274

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Book Description
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.

Construction Disputes

Construction Disputes PDF Author: Thomas J. Kelleher
Publisher: Wolters Kluwer
ISBN: 9780735530089
Category : Law
Languages : en
Pages : 514

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Book Description
All areas of construction litigation are covered in this two-volume set, starting with case analysis, pretrial activities, and special forum issues. The authors continue with an in-depth discussion of the difficult presentation issues for delay and acceleration claims, lost productivity claims, and establishing damages. The final section of the text covers trial and other issues, including direct and cross-examination, appeals, and settlement and releases. Practical examples of, and checklists for, the drafting of many of the key documents used in construction litigation are also included.

Smith, Currie & Hancock's Common Sense Construction Law

Smith, Currie & Hancock's Common Sense Construction Law PDF Author: Thomas J. Kelleher, Jr.
Publisher: John Wiley & Sons
ISBN: 0471662097
Category : Law
Languages : en
Pages : 627

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Book Description
The bestselling guide to the laws that govern construction Knowledge of construction law and employment law is essential to running a successful construction business. Now, industry professionals don't have to rely on lawyers to translate the sometimes-confusing theories, principles, and established rules that regulate the business. In plain English, Smith, Currie & Hancock's Common Sense Construction Law, Third Edition provides a practical introduction to the significant legal topics and questions affecting construction industry professionals. General contractors, subcontractors, owners, and surety bond agents will turn to this updated edition of the bestselling guide again and again for: Information on intrastate licensure and practice Advice on "Best Value" source selection and alternative project delivery systems Recent trends in claim resolution, including recovery of compensation for delays, extra work, and differing site conditions Expanded coverage on industry safety and environmental issues, including the latest information on project safety, indemnity, mold risks, and insurance coverage issues Helpful "Points to Remember" summarizing important concepts and useful "Checklists" make concepts easy to implement in real-world practice Advice on successfully managing employment issues in the construction industry Complete with a CD-ROM containing over 180 sample contracts and documents from AIA, AGC, and EJCDC, Smith, Currie & Hancock's Common Sense Construction Law, Third Edition is an invaluable reference for industry professionals whose jobs rely on their ability to avoid unwelcome legal surprises that can cripple a project or kill a business.

International Contractual and Statutory Adjudication

International Contractual and Statutory Adjudication PDF Author: Andrew Burr
Publisher: Taylor & Francis
ISBN: 1315294524
Category : Law
Languages : en
Pages : 463

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Book Description
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.