Subjects:

Construction Law

Contents:

Part 1: Statutory Adjudication

1.The Latham Report and the Bill

2.The Housing Grants, Construction and Regeneration Act 1996

3.The Statutory Scheme

Part 2: Other Forms of Adjudication

4.Contractual Adjudication

5.Ad hoc Adjudication

6.Adjudication in Other Jurisdictions

Part 3: The Adjudicator's Jurisdiction

7.General Principles

8.Errors of Fact and Law

9.Fairness

10.Set-Off

Part 4: Enforcement

11.The Effect of an Adjudicator's Decision

12.Procedure for Enforcement

13.Principles of Enforcement

14.Stay of Execution

Part 5: A Practical Guide to Adjudication

15.Drafting the Adjudication Notice

16.The Appointment of the Adjudicator

17.Drafting Other Documents

18.Hearings

19.Timescale and Requested Extensions

20.Responding to the Decision

21.Fees and Costs

Part 6: The Future

22.The Review of the Act

23.Possible Developments

This is the first comprehensive text book to deal with the law and practice of adjudication in construction and engineering disputes. Extensively cross referenced to allow navigation of the vast number of cases decided in a short period of time.

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 will be decided in 28 days by an adjudicator, whose decision then remains binding and enforceable, unless and until it is challenged in court or arbitration. There have been tens of thousands of such adjudications in the decade since the Act came into force, and nearly 300 reported judgements, as the Technology & Construction Court and the Court of Appeal have set out guidance to the parties (and the adjudicators) on the proper approach to the running of an adjudication and the legal effect and status of the adjudicator's decision.

The volume of such cases, and the constant refining of the relevant principles by the courts, has meant that it is only now possible for a detailed work on this subject to be prepared. This textbook analyses all these decisions under clear headings, and explains the scope and limits of an adjudicator's jurisdiction. It also includes a section full of practical advice to parties and to adjudicators as to how they can ensure a successful adjudication.

• The only complete guide to all the cases and principles relating to construction adjudication
• Provides authoritative commentary by a Technology & Construction Court judge
• Contains a section providing extensive treatment of the practical matters relating to adjudication, such as drafting the adjudication notice, and other documents, hearings, and timescales and requested extensions
• Contains analysis of recent cases such as Melville Dundas v George Wimpey [2007] 1 WLR 1136 in the House of Lords; Carillion Construction v Devonport Royal Construction [2005] EWCA Civ 1358, Quietfield v Vascroft Construction [2006] EWCA Civ 1737 and Lead Technical v CMS Medical [2007] EWCA Civ 316 in the Court of Appeal; and Aveat Heating v Jerram Falkus Construction [2007] EWHC 131 (TCC), AC Yuke v Speedwell [2007] EWHC 1360 and Pierce Design v Mark Johnston [2007] EWHC 1691 in the Technology and Construction Court
• Clearly set out to enable easy understanding of relevant principles and developments