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Record Nr. |
UNINA9910143295403321 |
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Autore |
Simmonds Derek |
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Titolo |
Statutory adjudication [[electronic resource] ] : a practical guide / / Derek Simmonds |
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Pubbl/distr/stampa |
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Oxford, UK ; ; Malden, MA, : Blackwell Pub., 2003 |
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ISBN |
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1-280-23755-4 |
9786610237555 |
0-470-79644-8 |
0-470-75919-4 |
1-4051-5099-8 |
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Descrizione fisica |
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1 online resource (288 p.) |
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Disciplina |
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306.44081 |
343.41/078624 |
343.41078624 |
401.41081 |
421.5 |
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Soggetti |
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Construction contracts - Great Britain |
Arbitration and award - Great Britain |
Dispute resolution (Law) - Great Britain |
Electronic books. |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Note generali |
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Nota di contenuto |
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Contents; 2.2.1 Technical qualifications; Preface; Abbreviations; Part 1 An Introduction to Adjudication; 1. Adjudication - a brief resume; 1.1 What is adjudication?; 1.2 Construction industry adjudication pre-1998; 2. The need for change in the construction industry; 2.1 The investigation of Sir Michael Latham; 2.2 The Housing Grants, Construction and Regeneration Act 1996; 2.2.1 Statutory adjudication; 2.2.2 Statutory payment requirements; 2.3 The Scheme for Construction Contracts Regulations 1998; 2.4 Contract adjudication provisions; 2.5 Possible amendments to legislation |
3. Some adjudication terminology3.1 Referral; 3.2 The parties; 3.3 Adjudicator nominating body; 3.4 The adjudicator; 3.5 Jurisdiction; 3.6 |
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The decision; 3.7 An adjudication day; PART 2 So You Want To Go To Adjudication?; 1. Is referral to adjudication really in your best interests?; 1.1 Have you exhausted negotiation?; 1.2 What about mediation or conciliation?; 1.3 Is adjudication suitable for your dispute?; 1.4 Should you avoid adjudication and go directly to arbitration or litigation? |
2. Your entitlement to refer a dispute to adjudication under the Housing Grants, Construction and Regeneration Act 19962.1 When can you instigate adjudication?; 2.2 How long will it take?; 2.3 Do you have a contract?; 2.4 Do you really have a referable dispute?; 2.4.1 Establishing the existence of a dispute; 2.4.2 Restriction on more indirect disputes; 2.5 Does the Act apply to your contract?; 2.5.1 When did you enter contract?; 2.5.2 Do you have a contract in writing?; 2.5.3 Is yours a construction contact?; 2.5.4 What are construction operations?; 2.5.5 What are not construction operations? |
2.5.6 What if your contract is mixed?2.5.7 Where is your contract being carried out?; 2.5.8 Exclusions; 2.5.8.1 Residential premises; 2.5.8.2 Other; 2.6 Other considerations; 2.6.1 Does the law of the contract make any difference?; 2.6.2 What if your dispute is already the subject of some other dispute resolution or legal process?; 2.6.3 What if your contract has been allegedly repudiated or has been terminated?; 2.6.4 Can you adjudicate on more than one dispute at the same time?; 2.6.5 Duplication of referrals; 2.6.6 Settlement; 2.6.7 Can the responding party refuse or delay adjudication? |
2.6.8 What if the responding party is in financial difficulties?2.7 Summary; 3. What next?; 3.1 Which adjudication procedure?; 3.2 Do you need to engage a lawyer or consultant?; 4. What will it cost?; 4.1 The adjudicator's costs; 4.1.1 The adjudicator's hourly rate; 4.1.2 The size and complexity of the dispute; 4.1.3 The ability and experience of the adjudicator; 4.2 The parties' costs; 4.3 Special provisions as to costs; 5. Getting the adjudication under way; 5.1 With whom or to where do you correspond?; 5.2 The notice of adjudication; 5.3 Getting an adjudicator in place |
5.3.1 Named in the contract |
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Sommario/riassunto |
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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, |
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