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.
Table of Contents
1. Statutory regulation of construction contracts
2. Beginning Adjudication
3. Appointment and Referral
4. Procedure Leading to the Decision
5. The Decision
6. Enforcement and Court Proceedings
7. Other Jurisdictions
8. Review, Proposals for Reform and Reform
9. Contractual Adjudication
10. Payment under the UK Statutory Framework
11. Rules and Fallacies
Darryl Royce is a Barrister of Gray’s Inn and a member of Atkin Chambers, UK. He has been practising in the field of Construction Law for over 40 years.