Construction Adjudication
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Product details:
- Edition number 1
- Publisher Oxford University Press
- Date of Publication 13 December 2007
- ISBN 9780199235506
- Binding Hardback
- No. of pages520 pages
- Size 246x171x33 mm
- Weight 1040 g
- Language English 0
Categories
Short description:
Written by a Senior Circuit Judge, this is the first comprehensive textbook to deal with the law and practice of adjudication in construction and engineering disputes. It explains the scope and limits of an adjudicator's jurisdiction including practical advice to parties and to adjudicators as to how they can ensure a successful adjudication.
MoreLong description:
Extensively cross referenced to allow navigation of the vast number of cases decided in a short period of time.
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 300 reported judgements, as
the Technology & 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 an adjudicator'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 in the Technology and Construction Court, Construction Adjudication provides the first authoritative and up to date text which will be of invaluable help to all those involved in the adjudication process.
Table of Contents:
Foreword by Mr Justice Ramsey
Part 1: Statutory Adjudication
The Latham Report and the Bill
The Housing Grants, Construction and Regeneration Act 1996
The Statutory Scheme
Part 2: Other Forms of Adjudication
Contractual Adjudication
Ad hoc Adjudication
Adjudication in Other Jurisdictions
Part 3: The Adjudicator's Jurisdiction
General Principles
Errors of Fact and Law
Fairness
Abatement and Set-Off
Costs and Fees
Part 4: Enforcement
The Status and Effect of an Adjudicator's Decision
Principles of Enforcement
Adjudication Business in the TCC
Stay of Execution
Part 5: A Practical Guide to Adjudication
Commencing an Adjudication
The Adjudication Itself
The Decision
Part 6: The Future
1. The DTI Review and the Proposed Changes to the 1996 Act
APPENDICES
Appendix A: The Relevant Parts of the 1996 Act
Appendix B: Statutory Instrument SI/1998 649
Appendix C: Statutory Instrument SI/1998 648
Appendix D: Draft Directions In Adjudication Enforcement Proceedings
