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Adjudication in Construction Contracts
John Wiley and Sons Ltd, February 2001, Pages: 272
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.
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
John Redmond BA, FCIArb, Solicitor, Osborne Clarke OWA, Bristol.