Adjudication in Construction Contracts

ISBN-13: 9780632056514 / Angielski / Twarda / 2001 / 272 str.

John Redmond

Opis

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.

Spis treści

Preface; Introduction; Construction contracts and construction operations; The statutory right to refer disputes to adjudication; Starting adjudication; Preliminary matters – the referral notice and jurisdiction; Conduct of the adjudication; The adjudicator′s decision; Costs; Enforcement; Payment; Appendices

Blurb

the standard construction contracts now contain provisions for adjudication. Designed to address problems more promptly than arbitration or litigation, adjudication is still something of an unknown quantity for the construction industry. In addition, a number of grey areas are gradually being clarified by the courts.

This book, written by an experienced adjudicator, looks in particular at the practical issues of adjudication and at rules of payment, and examines all the key legal decisions on the subject.