The first part takes a party who is referring a dispute throughthe stages of the adjudication process, including the presentationof a referral submission, to the enforcement of an award. Part 2 examines the position of a party faced with adjudication,highlighting the various actions necessary to protect its interest,and explains how a decision can be challenged. Part 3 looks atmatters of common interest. Statutory payment provisions and the Scheme for ConstructionContracts are dealt with in Part 4, and Part 5 compares the mostfrequently used adjudication provisions and procedures.
Appendicesinclude an alphabetical list of adjudication cases which arealso categorised to show the aspect or aspects with which they areprincipally concerned. It read more. Library collection. Interlibrary Loan Service. Sign in. Menu myLibrary Saved items Search history.
Back to basics: A practical guide to adjudication and enforcement
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Export RIS. Add to Leganto. This note explains what adjudication is, what types of construction disputes it is appropriate for and gives guidance on what to do if you receive a notice of adjudication. This is one of a series of quick guides, see Quick guides. What is adjudication?
Applies to parties to a "construction contract", who cannot contract out of it. Is a day procedure although the parties can agree to extend this period. Is often described as a "pay first, argue later" mechanism for resolving disputes in the construction industry. Is designed to protect cash-flow during construction. What is adjudication appropriate for?
Download Statutory Adjudication: A Practical Guide
Adjudication is appropriate for resolving claims relating to:. Interim payments. Extensions of time for completion of the works. Although not originally designed for complex claims, an adjudication can relate to:. Breach of contract.
What does the Construction Act do? The Construction Act gives a party to a construction contract the right to refer a dispute to adjudication "at any time". What does the Scheme for Construction Contracts do? The Scheme's adjudication provisions in Part I take effect as implied terms.
What is the effect of an adjudicator's decision? Adjudicator's decisions are:. Interim-binding , that is, they are binding until the dispute is finally determined by legal proceedings, arbitration or by agreement. Rarely successfully challenged by the losing party. What should I consider before starting an adjudication? Before starting an adjudication, a party should:.
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Part 2 examines the position of a party faced with adjudication, highlighting the various actions necessary to protect its interest, and explains how a decision can be challenged. Part 3 looks at matters of common interest. Statutory payment provisions and the Scheme for Construction Contracts are dealt with in Part 4, and Part 5 compares the most frequently used adjudication provisions and procedures. Appendices include an alphabetical list of adjudication cases which are also categorised to show the aspect or aspects with which they are principally concerned.
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