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Construction Adjudication- Coulson [194868]

£145.00

The only complete guide to all the cases and principles relating to construction adjudication, the book provides authoritative commentary by a Technology & Construction Court judge. Contains a section providing extensive treatment of the practical matters relating to adjudication, such as drafting the adjudication notice, and other documents, hearings, and timescales and requested extensions, plus analysis of recent cases such as Melville Dundas v George Wimpey, [2007] 1 WLR 1136 in the House of Lords; Carillion Construction v Devonport Royal Construction, [2005] EWCA Civ 1358, Quietfield v Vascroft Construction, [2006] EWCA Civ 1737 and Lead Technical v CMS Medical, [2007] EWCA Civ 316 in the Court of Appeal; and Aveat Heating v Jerram Falkus Construction, [2007] EWHC 131 (TCC), AC Yuke v Speedwell, [2007] EWHC 1360 and Pierce Design v Mark Johnston, [2007] EWHC 1691 in the Technology and Construction Court. Clearly set out to enable easy understanding of relevant principles and developments. Extensively cross referenced to allow navigation of the vast number of cases decided in a short period of time. Extensively cross referenced to allow navigation of the vast number of cases decided in a short period of time. This is the first comprehensive text book to deal with the law and practice of adjudication in construction and engineering disputes. The Housing Grants, Construction and Regeneration Act 1996 introduced adjudication as a new and compulsory form of dispute resolution mechanism in construction contracts, pursuant to which all disputes will be decided in 28 days by an adjudicator, whose decision then remains binding and enforceable, unless and until it is challenged in court or arbitration. There have been tens of thousands of such adjudications in the decade since the Act came into force, and nearly 300 reported judgements, as the Technology & Construction Court and the Court of Appeal have set out guidance to the parties (and the adjudicators) on the proper approach to the running of an adjudication and the legal effect and status of the adjudicator's decision. The volume of such cases, and the constant refining of the relevant principles by the courts, has meant that it is only now possible for a detailed work on this subject to be prepared. This textbook analyses all these decisions under clear headings, and explains the scope and limits of an adjudicator's jurisdiction. It also includes a section full of practical advice to parties and to adjudicators as to how they can ensure a successful adjudication. Written by a Senior Circuit judge, who sits full time in the Technology and Construction Court, Construction Adjudication provides the first authoritative and up to date text which will be of invaluable help to all those involved in the adjudication process. Readership: The primary readership will be solicitors and barristers specialising in construction law. It will also appeal to construction professionals who are involved in the adjudication process, as advisors or adjudicators. Contents Foreword by Mr Justice Ramsey Part 1: Statutory Adjudication 1. The Latham Report and the Bill 2. The Housing Grants, Construction and Regeneration Act 1996 3. The Statutory Scheme Part 2: Other Forms of Adjudication 4. Contractual Adjudication 5. Ad hoc Adjudication 6. Adjudication in Other Jurisdictions Part 3: The Adjudicator's Jurisdiction 7. General Principles 8. Errors of Fact and Law 9. Fairness 10. Abatement and Set-Off 11. Costs and Fees Part 4: Enforcement 12. The Status and Effect of an Adjudicator's Decision 13. Principles of Enforcement 14. Adjudication Business in the TCC 15. Stay of Execution Part 5: A Practical Guide to Adjudication 16. Commencing an Adjudication 17. The Adjudication Itself 18. The Decision Part 6: The Future 19. 1. The DTI Review and the Proposed Changes to the 1996 Act APPENDICES Appendix A: The Relevant Parts of the 1996 Act Appendix B: Statutory Instrument SI/1998 649 Appendix C: Statutory Instrument SI/1998 648 Appendix D: Draft Directions In Adjudication Enforcement Proceedings

Author:	Coulson, Justice
Date Published:	December 2007
Document Type:	Books
Format:	Hardback
ISBN13:	9780199235506
Pages:	520
Publisher:	Oxford University Press

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