Adjudication in construction disputes / / John Redmond

• Record Nr.: UNINA9910824883703321
• Autore: Redmond John, B.A.
• Pubbl/distr/stampa: Oxford ; ; Malden, MA, : Blackwell Science, 2001
• ISBN: 1-281-31848-5; 9786611318482; 0-470-69051-8; 0-470-68023-7
• Edizione: [1st ed.]
• Descrizione fisica: 1 online resource (274 pages)
• Disciplina: 343.41/078624; 343.41078624
• Soggetti: Construction contracts - Great Britain; Arbitration and award - Great Britain
• Lingua di pubblicazione: Inglese
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Note generali: Includes index.
• Nota di contenuto: ADJUDICATION in Construction Contracts; Contents; Preface; Chapter 1 Introduction; 1.1 Background to the legislation; 1.2 Adjudication in standard contracts before the Act; 1.3 What is adjudication?; 1.4 Appeal and review; 1.5 Who are the adjudicators?; 1.6 The future; Chapter 2 Construction Contracts and Construction Operations; 2.1 Definition of 'construction operations'; 2.2 Exclusions from the definition of 'construction operations'; 2.3 Definition of 'construction contract'; 2.4 Exclusions from the definition of 'construction contracts'; 2.5 The mixed contract; 2.6 Limits of date and place; 2.7 Residential occupiers; 2.8 Contracts in writing; Chapter 3 The Statutory Right to Refer Disputes to Adjudication; 3.1 Definition of dispute; 3.2 Required contractual provisions; 3.3 The incorporation of institutional rules and other terms; 3.4 The adjudication provisions of the Scheme for Construction Contracts; Chapter 4 Starting Adjudication; 4.1 Timing; 4.2 The notice of adjudication; 4.3 Service of the notice of adjudication; 4.4 Identification or selection of the adjudicator; 4.5 Request to an adjudicator nominating body; 4.6 Terms of agreement with the adjudicator; 4.7 Procedure if the ; appointment system fails; 4.8 Objections to specific adjudicator; 4.9 Revocation of appointment and resignation of the adjudicator; Chapter 5 Preliminary Matters - the Referral Notice and Jurisdiction; 5.1 Time for delivery of the referral notice; 5.2 Form and contents of the referral notice; 5.3 Related and unrelated disputes; 5.4 Questions of jurisdiction; Chapter 6 Conduct of the Adjudication; 6.1 Overriding duties of the adjudicator; 6.2 The exercise of initiative by the adjudicator; 6.3 Failure to comply; 6.4 Representation of the parties; 6.5 Confidentiality; 6.6 Timetable for decision; 6.7 Standard forms of appointment; Chapter 7 The Adjudicator's Decision; 7.1 The duty to decide; 7.2 The matters in dispute; 7.3 Power to open up certificates etc.; 7.4 Decision on payments; 7.5 Interest; 7.6 Form and content of the decision; 7.7 Binding nature of the decision; 7.8 Mistakes; 7.9 Adjudicator's immunity; Chapter 8 Costs; 8.1 Adjudicator's right to fees and the power to apportion; 8.2 Right to require security for his fees; 8.3 Power to order payment of costs; Chapter 9 Enforcement; 9.1 The Act and the Scheme; 9.2 Application for summary judgment; 9.3 Other enforcement procedures; 9.4 Challenges to enforcement; Chapter 10 Payment; 10.1 Introduction; 10.2 The right to stage payments; 10.3 Timing and quantification of payments; 10.4 Notice of amount to be paid; 10.5 Notice of intention to withhold payment; 10.6 Right to suspend; 10.7 Conditional payment provisions; 10.8 The Scheme; Appendix 1 Housing Grants, Construction and Regeneration Act 1996; Appendix 2 The Scheme for Construction Contracts (England and Wales) Regulations 1998; Table of Cases; References to Housing Grants, Construction and Regeneration Act 1996
• Sommario/riassunto: 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.