Author: Darryl Royce
Publisher: CRC Press
ISBN: 1317434013
Category : Law
Languages : en
Pages : 490
Get Book Here
Book Description
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: Anthony Hussey
Publisher: Routledge
ISBN: 131728416X
Category : Law
Languages : en
Pages : 424
Get Book Here
Book Description
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:
ISBN: 9781138911451
Category : Arbitration and award
Languages : en
Pages : 441
Get Book Here
Book Description
1.17.4 Adjudication fair
Author: John Redmond
Publisher: John Wiley & Sons
ISBN: 0470680237
Category : Technology & Engineering
Languages : en
Pages : 274
Get Book Here
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.
Author: John Riches
Publisher: Wiley-Blackwell
ISBN: 9781405106351
Category : Technology & Engineering
Languages : en
Pages : 424
Get Book Here
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.
Author: James Pickavance
Publisher: John Wiley & Sons
ISBN: 1118717937
Category : Law
Languages : en
Pages : 768
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.
Author: Damien Keogh
Publisher: Routledge
ISBN: 1317381793
Category : Law
Languages : en
Pages : 362
Get Book Here
Book Description
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: Peter Coulson
Publisher: Oceana Publications
ISBN: 9780199235506
Category : Law
Languages : en
Pages : 476
Get Book Here
Book Description
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: Nicholas Ryan Harrison
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
This research will look at the possibility of applying the English system of Adjudication as an alternate dispute resolution technique (ADR) in the United States Construction Industry. I focused on Construction law adjudication in the United Kingdom during my 2010 fall semester in London, and my research continued in the spring semester of 2011 when I returned to Texas A & M and began to focus my study on the American legal system. I am testing the idea that if adjudication were to be implemented into construction contracts in the United States, there would potentially be cost and time saving benefits without deducting from the justice served to the parties. I also attended a Construction Lawyer's conference in San Antonio, Texas to have a roundtable discussion with industry leaders about the possibilities and challenges of statutory adjudication. The feedback was promising for future research on the topic and the possibility of legal application. I have also submitted an abstract using this research to the 2011 Royal Institution of Chartered Surveyors legal research symposium on law and dispute resolution to be considered for publication in the International Journal of Law in the Built Environment.
Author: John Timpson
Publisher: Thomas Telford
ISBN: 9780727726728
Category : Arbitration and award
Languages : en
Pages : 434
Get Book Here
Book Description
- 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
