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Vol 21 No 9 Sept/Oct 2016

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A Practical Guide to Construction Adjudication

ISBN13: 9781118717950
Published: November 2015
Publisher: John Wiley & Sons Ltd
Country of Publication: UK
Format: Paperback
Price: £64.95

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In the United Kingdom, adjudication is available as a right for parties to a construction contract, following the enactment of the Housing Grants Construction and Regeneration Act 1996. In general, within a comparatively short period of time, parties in dispute will have a decision from an adjudicator, which, except in limited circumstances, the courts will enforce. Adjudication has become the number one method of dispute resolution in the construction industry. The short timescale means that a party needs to know what to do, when to do it and be able to check that the other party and the adjudicator are following the right steps.

A Practical Guide to Construction Adjudication gives parties the necessary information to achieve this. It provides a straightforward overview of the process and procedure of adjudication by reference to legislation and case law, augmented with practical guidance including suggestions on what to do or not to do, drafting tips and checklists. Separate chapters for Scotland and Northern Ireland identify and explain the differences in procedure and judicial interpretation between those jurisdictions and England and Wales, and further detailed explanations of the adjudication regimes in Australia, Ireland, Malaysia, New Zealand and Singapore are included. Each of the chapters on jurisdictions outside England and Wales has been written by senior experts in those jurisdictions to ensure the content is accurate and insightful.

There are a range of helpful appendices including a bank of model form adjudication documents and tabulated detailed comparisons of the Scheme for Construction Contracts, the other major adjudication rules, the major adjudicator nominating bodies and the UK and international regimes. Readers will particularly appreciate the most comprehensive index of adjudication cases available, sorted into 260 subject headings providing immediate access to all the reported cases on any adjudication topic.

Construction Law
Part I The United Kingdom
2. Adjudication in a nutshell
3. Deciding to adjudicate
4. Statutory adjudication
5. Contractual and ad hoc adjudication
6. Adjudication procedure
7. Preconditions and restrictions to statutory adjudication
8. Adjudication strategy
9. Initiating the adjudication
10. The adjudication
11. The decision
12. Post decision
13. Enforcement: options and procedure
14. Enforcement: insolvency, stay and severability
15. Final determination
16. The adjudicator s jurisdiction
17. Natural justice
18. Further grounds for resisting enforcement
19. Scotland: Tony Jones
20. Northern Ireland: Michael Humphreys QC

Part II International
22. Australia: PeterWood and Phillip Greenham
23. Ireland: DermotMcEvoy
24. Malaysia: Philip Koh
25. New Zealand: Thomas Kennedy-Grant QC
26. Singapore: Steven Cannon

Appendix 1 The 1996 Act as amended
Appendix 2 The 1998 Scheme as amended
Appendix 3 Glossary (UK only)
Appendix 4 Model forms
Appendix 5 Summary comparison of UK adjudication rules
Appendix 6 Details of UK adjudicator nominating bodies 5
Appendix 7 Comparison of UK and international statutory regimes
Appendix 8 Case index: by subjectmatter
Appendix 9 Alphabetical case index
Index ;