A Practical Guide to Construction Adjudication


Book Description

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.




Alternative dispute resolution


Book Description




A Practical Approach to Alternative Dispute Resolution


Book Description

This text will appeal to law students and practitioners looking for a book that deals with the full range of ADR processes. It covers the core topics on the dispute resolution module for the BPTC. Its practical focus highlights the key processes and procedures for each topic.




Alternative Dispute Resolution in the Construction Industry


Book Description

Construction disputes by their very nature are often complex, sometimes multi-party disputes, many of which are not suited to either adjudication or traditional form of litigation (which are often slow, expensive and divisive). The sheer complexity of construction creates a compelling case for the introduction of alternative approaches within this adversarial industry. This book traces the history, development, current status and future direction of Alternative Dispute Resolution (ADR) in the UK construction industry. It draws on the largest collection of Royal Institution of Chartered Surveyors-funded surveys on Scottish and English disputants’ perceptions and attitudes to ADR. It includes an examination of the key legislative and regulatory principles relating to ADR in the Construction sphere. The study also evaluates the role and functions of the Technology and Construction Court (TCC) in England and, with reference to case law, identifies its facilitative approach to ADR. The coherence of the TCC’s approach to issues such as refusal to resort to ADR is also examined. It will be a valuable reference work for scholars and practitioners in construction and the built environment, in the UK and internationally.




Administration of Construction Contracts


Book Description

A contract (or an agreement) is associated with almost everything, wherein more than one person (or party) is involved. Whether it’s a marriage, purchase of a property or construction of a project, all need a proper contract and in-turn, they need resilient and robust contract administration. Today, large value and complex contracts have to cater to the needs of globalization, increased regulations and the ever-changing technologies. These complexities have contributed to an environment rendering administration of a contract difficult. Therefore, projects are prone to delays, additional unforeseen expenses and may also all-together lead to a project failure. This has also led many organizations to view a contract as a tool to have undue control by imposing rigid standards and conditions oblivious to the fact that these may not always be to their advantage. It is with this intent that this book has been written by an experienced contracts manager, who has had a first-hand experience of the struggle, while going through a jargon of clauses and documents within a contract.. The “basis of expectations” requires an overall understanding of the contract and the author expects that this book comes handy to such a professional in his/her pursuit of excellence.







Oxford Studies in Normative Ethics, Vol 7


Book Description

Oxford Studies in Normative Ethics is an annual forum for new work in normative ethical theory. Leading philosophers present original contributions to our understanding of a wide range of moral issues and positions, from analysis of competing approaches to normative ethics (including moral realism, constructivism, and expressivism) to questions of how we should act and live well. OSNE will be an essential resource for scholars and students working in moral philosophy.




Dispute Resolution in the Construction Industry


Book Description

"The challenges facing all members of the construction industry are enormous, but not unachievable... I am confident that the ACE Client Guide 2000 will help all members of the construction industry, whether consulting engineers, architects, surveyors, contractors and their clients, better understanding the challenges facing us and encourage appropriate actin to be taken" Jim Dawson, ACE Chairman 1999-2000. Providing an overview of the market, its structures and external influences, this invaluable guide will help members of the construction supply chain to understand their clients' business needs and equip them to invest appropriately for current and future market developments and take advantage of emerging opportunities. The ACE Client Guide 2000 has been prepared in the ligth of feedback on the first edition, which was published in November 1998, and developments both within the construction industry and in the wider economy over the past 12 months, the facts, perceptions, commentary and sources set out in the ACE Client Guide 2000 provide a basis for individual firms to examine: - What to do - Why they do it - How they do it - How well they do it - Where improvements could be made - How such improvements could be achieved







Sourcebook on English Legal System


Book Description

Designed for students who may not have ready access to a law library, and for students on part-time and distance learning courses, the Sourcebook series offers a collection of material from a diversity of sources. The sources are annotated to set the materials in context and to explain their relevance and importance. This volume contains a representative selection of cases and statutes which cover such topics as the nature of law, sources of law, and the structure and jurisdiction of the civil and criminal courts. The legal profession and the interpretation of statutes are also discussed.