Construction AdjudicationAdjudication 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. |
Contents
| 1 | |
The Overarching Provisions | 20 |
The Adjudication Provisions | 45 |
The Payment Provisions | 58 |
5 The Secondary Legislation | 77 |
6 Adjudication Clauses Rules and Procedures | 113 |
7 The Appointment | 141 |
8 Adjudicators Agreements | 170 |
Appendix 7 Joint Contracts Tribunal 1998 Edition Private With Quantities Article 5 | 331 |
Appendix 8 Construction Confederation Contract DOM1 Clause 38A | 340 |
Appendix 9 ICE Conditions of Contract 7th Edition | 344 |
Appendix 10 New Engineering and Construction Contract | 347 |
Appendix 11 Civil Engineering Contractors Association SubContract for use with ICE 6th Edition Main Contract Clause 18 | 350 |
Appendix 12 GCWorks1 with Quantities 1998 Condition 59 | 353 |
Appendix 13 Technology and Construction Solicitors Association TecSA Adjudication Rules 2002 Version 20 Procedural Rules for Adjudication | 357 |
Appendix 14 Centre for Effective Dispute Resolution CEDR Rules for Adjudication | 363 |
9 Jurisdiction Powers and Duties | 187 |
10 The process | 219 |
11 The Decision | 241 |
12 Enforcement and Appeals | 264 |
Appendix 1 The Housing Grants Construction and Regeneration Act 1996 Part II Appendix 2 The Scheme for Construction Contracts England and ... | 293 |
Appendix 2 The Scheme for Construction Contracts England and Wales Regulations 1998 | 300 |
Appendix 3 The Construction Contracts England and Wales Exclusion Order 1998 | 309 |
Appendix 4 The Scheme for Construction Contracts Scotland Regulations 1998 | 312 |
Appendix 5 The Construction Contracts Scotland Exclusion Order 1998 | 320 |
Appendix 6 The Construction Contracts Northern Ireland Order 1997 | 323 |
Appendix 15 Construction Industry Council CIC Model Adjudication Procedure 3rd Edition | 367 |
Appendix 16 Association of Consulting Engineers Conditions of Engagement | 373 |
Appendix 17 Institution of Chemical Engineers Red Book | 374 |
Appendix 18 Adjudication cases | 377 |
Table of Cases | 382 |
Table of Statutes | 387 |
Table of Statutory Instruments | 392 |
| 397 | |
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Common terms and phrases
28 days act as adjudicator act impartially adju Adjudication Procedure adjudication provisions adjudication rules adjudicator's decision adjudicator's fees apply appointment Arbitration Act 1996 award Balfour Beatty become due Carillion certificate Civil Engineers claim clause comply consider Construction and Regeneration construction contract Construction Industry Council Construction Ltd construction operations Contractor court date for payment deal decide dispute or difference dispute to adjudication disputes arising documents effect Employer enforcement entitled fees and expenses final date finally determined give intention to refer intention to withhold issue Joint Contracts Tribunal jurisdiction liable main contract matter of dissatisfaction natural justice notice of adjudication notice of intention obligations period person private finance initiative reach his decision reasons referral notice referring party relating relevant request responding party Scheme for Construction section 107 section 111 set-off specific standard form contracts standard forms statutory Sub-Contract sub-section submissions TeCSA unless withhold payment writing