Coulson on Construction Adjudication
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Product details:
- Edition number 2
- Publisher OUP Oxford
- Date of Publication 3 March 2011
- ISBN 9780199597222
- Binding Hardback
- No. of pages536 pages
- Size 250x171x34 mm
- Weight 1064 g
- Language English 0
Categories
Short description:
Written by a High Court Judge, this new edition of Coulson on Construction Adjudication provides authoritative coverage of the law and practice of adjudication in construction and engineering disputes, offering penetrating analysis of the large number of decisions on the legal effect and status of an adjudicator's decision.
MoreLong description:
The first edition of Construction Adjudication was the first book to deal comprehensively with the law and practice of adjudication in construction and engineering disputes. Written by a High Court judge sitting in the Technology and Construction Court, this new edition of Coulson on Construction Adjudication provides a definitive up-to-date text, invaluable to all involved in the adjudication process.
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 are decided in 28 days by an adjudicator, whose decision then remains binding and enforceable, unless and until it is challenged in court or arbitration. Since the first edition of this book, there has been an explosion in the number of these adjudication cases before the courts in which
significant principles have been refined. The Local Democracy, Economic Development, and Construction Act 2009 has also introduced important amendments to the Act and to adjudication, including abolition of the requirement for construction contracts to be in writing; new powers for the adjudicator to make
corrections; changes to liability for the adjudicator's costs; and changes to the payment regime. The new edition of this established and popular text has been painstakingly revised to provide comprehensive coverage of these new legislative changes, as well as to analyze the wealth of decisions under clear headings, explaining the scope and limits of an adjudicator's decision.
Containing new material on the principles of fairness and natural justice which have been key to many adjudication enforcement decisions, this new edition also contains an expanded section offering practical advice to parties and to adjudicators as to how they can ensure a successful adjudication, and includes new material on the decision.
We needed this second edition not only because we now have 475 judgements, but because adjudication has moved on. Peter Coulson's book will tell you all you need to know about adjudication and where we are today.
Table of Contents:
Part 1: Statutory Adjudication
The Latham Report and its Aftermath
Part II of the Housing Grants, Construction and Regeneration Act 1996
The Statutory Scheme
The Local Democracy, Economic Development and Construction Act 2009
Part 2: Other Forms of Adjudication
Contractual Adjudication
Ad Hoc Adjudication
Part 3: The Adjudicator's Jurisdiction
General Principles
Errors of Law and Fact
Abatement and Set-Off
Costs and Fees
Part 4: Natural Justice
General Principles
Bias
A Fair Hearing
Part 5: Enforcement
The Status and Effect of an Adjudicator's Decision
Principles of Enforcement
Adjudication Business in the TCC
Stay of Execution
Part 6: A Practical Guide to Adjudication
Commencing an Adjudication
The Adjudication Itself
The Adjudicator's Decision
Appendices
