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.

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.

This book collects all the relevant material regarding the process of adjudication in construction. It provides clarity for those involved in the adjudication process or related proceedings with detailed and reliable analysis of them supported by statutory provisions and judicial observations. Adjudication in Construction Law discusses the role of ‘true value’ adjudications following smash and grab decisions on the basis of the absence of a pay less notice, the restraint of adjudication by injunction, hybrid contracts dealing with both construction operations and other operations and timing and content of payment notices and pay less notices. Additionally, this book includes a summary of the different procedures adopted in other jurisdictions, as well as an explanation of the payment procedures under the statutory framework. It also goes on to append all the relevant statutory material, contractual adjudication procedures and forms. A new feature of this edition is a detailed analysis and discussion of the development and of the ‘rules’ relating to the acceptability of a wrong answer provided that the right question has been dealt with, only one dispute being susceptible to adjudication and the necessity or otherwise of a dispute ‘arising under’ the construction contract. A clear and comprehensive aid, this book is an essential read for lawyers or construction professionals involved in adjudication.

This book is the definitive primer on the subjects which are at the heart of every construction law dispute. Written by highly regarded construction attorney, with 13 chapters which explain the key principles of construction law.

Existing books on construction adjudication have either been written as an introduction to the subject when the Housing Grants, Construction and Regeneration Act was first introduced in 1996, or they are aimed at professionals representing parties or at adjudicators themselves. In contrast, this book has been written for the parties to adjudication, particularly those new to the process. It takes a straightforward, practical approach to the subject, dealing with the process step-by-step. The first part takes a party who is referring a dispute through the stages of the adjudication process, including the presentation of a referral submission, to the enforcement of an award. Part 2 examines the position of a party faced with adjudication, highlighting the various actions necessary to protect its interest, and explains how a decision can be challenged. Part 3 looks at matters of common interest. Statutory payment provisions and the Scheme for Construction Contracts are dealt with in Part 4, and Part 5 compares the most frequently used adjudication provisions and procedures. Appendices include an alphabetical list of 139 adjudication cases which are also categorised to show the aspect or aspects with which they are principally concerned.

A compilation of commentaries on the various jurisdictions where there either is, or is planned, a statutory adjudication system , this is a review of such systems worldwide in the commercial and construction fields. It features analysis by specialist advisory editors on the adjudication system in place in each separate jurisdiction, together with a copy of the relevant local legislation, and permits a comparative approach between each. This book addresses statutory adjudication in a way that is practically useful and academically rigorous. As such, it remains an essential reference for any lawyer, project manager,contractor or academic involved with the commercial and construction fields.