Adjudication in Construction Contracts,9780632056514

Adjudication in Construction Contracts

by
Edition: 1st
ISBN13: 9780632056514
ISBN10: 0632056517
Format: Hardcover
Pub. Date: 2001-04-11
Publisher(s): Wiley-Blackwell
List Price: $154.61

Buy New

Usually Ships in 8 - 10 Business Days.
$154.46
Add to Cart

Rent Textbook

Select for Price
Add to Cart
There was a problem. Please try again later.

Rent Digital

Rent Digital Options
Online:1825 Days access
Downloadable:Lifetime Access
$139.20
*To support the delivery of the digital material to you, a digital delivery fee of $3.99 will be charged on each digital item.
$139.20*
Add to Cart

Used Textbook

We're Sorry
Sold Out

Buy from our Marketplace starting at $178.00

How Marketplace Works:

  • This item is offered by an independent seller and not shipped from our warehouse
  • Item details like edition and cover design may differ from our description; see seller's comments before ordering.
  • Sellers much confirm and ship within two business days; otherwise, the order will be cancelled and refunded.
  • Marketplace purchases cannot be returned to eCampus.com. Contact the seller directly for inquiries; if no response within two days, contact customer service.
  • Additional shipping costs apply to Marketplace purchases. Review shipping costs at checkout.

Summary

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 Biography

John Redmond is the author of Adjudication in Construction Contracts, published by Wiley.

Table of Contents

Preface vii
Introduction
1(15)
Background to the legislation
1(3)
Adjudication in standard contracts before the Act
4(2)
What is adjudication?
6(5)
Appeal and review
11(1)
Who are the adjudicators?
12(1)
The future
13(3)
Construction Contracts and Construction Operations
16(23)
Definition of 'construction operations'
16(3)
Exclusions from the definition of 'construction operations'
19(3)
Definition of 'construction contract'
22(4)
Exclusions from the definition of 'construction contracts'
26(4)
The mixed contract
30(1)
Limits of date and place
30(4)
Residential occupiers
34(1)
Contracts in writing
35(4)
The Statutory Right to Refer Disputes to Adjudication
39(18)
Definition of dispute
39(6)
Required contractual provisions
45(10)
The incorporation of institutional rules and other terms
55(1)
The adjudication provisions of the Scheme for Construction Contracts
56(1)
Starting Adjudication
57(26)
Timing
57(3)
The notice of adjudication
60(6)
Service of the notice of adjudication
66(1)
Identification or selection of the adjudicator
67(3)
Request to an adjudicator nominating body
70(1)
Terms of agreement with the adjudicator
71(2)
Procedure if the appointment system fails
73(2)
Objections to specific adjudicator
75(1)
Revocation of appointment and resignation of the adjudicator
76(7)
Preliminary Matters-the Referral Notice and Jurisdiction
83(18)
Time for delivery of the referral notice
83(3)
Form and contents of the referral notice
86(5)
Related and unrelated disputes
91(2)
Questions of jurisdiction
93(8)
Conduct of the Adjudication
101(26)
Overriding duties of the adjudicator
101(4)
The exercise of initiative by the adjudicator
105(7)
Failure to comply
112(4)
Representation of the parties
116(2)
Confidentiality
118(2)
Timetable for decision
120(5)
Standard forms of appointment
125(2)
The Adjudicator's Decision
127(31)
The duty to decide
127(2)
The matters in dispute
129(5)
Power to open up certificates etc.
134(2)
Decision on payments
136(4)
Interest
140(2)
Form and content of the decision
142(8)
Binding nature of the decision
150(2)
Mistakes
152(2)
Adjudicator's immunity
154(4)
Costs
158(16)
Adjudicator's right to fees and the power to apportion
158(7)
Right to require security for his fees
165(4)
Power to order payment of costs
169(5)
Enforcement
174(31)
The Act and the Scheme
174(4)
Application for summary judgment
178(3)
Other enforcement procedures
181(4)
Challenges to enforcement
185(20)
Payment
205(27)
Introduction
205(1)
The right to stage payments
206(2)
Timing and quantification of payments
208(1)
Notice of amount to be paid
209(1)
Notice of intention to withhold payment
210(2)
Right to suspend
212(2)
Conditional payment provisions
214(4)
The Scheme
218(14)
Appendix 1 Housing Grants, Construction and Regeneration Act 1996 232(9)
Appendix 2 The Scheme for Construction Contracts (England and Wales) Regulations 1998 241(12)
Table of Cases 253(4)
References to Housing Grants, Construction and Regeneration Act 1996 257(1)
Reference to Scheme for Construction Contracts 258(1)
Subject Index 259

An electronic version of this book is available through VitalSource.

This book is viewable on PC, Mac, iPhone, iPad, iPod Touch, and most smartphones.

By purchasing, you will be able to view this book online, as well as download it, for the chosen number of days.

Digital License

You are licensing a digital product for a set duration. Durations are set forth in the product description, with "Lifetime" typically meaning five (5) years of online access and permanent download to a supported device. All licenses are non-transferable.

More details can be found here.

A downloadable version of this book is available through the eCampus Reader or compatible Adobe readers.

Applications are available on iOS, Android, PC, Mac, and Windows Mobile platforms.

Please view the compatibility matrix prior to purchase.