Download or read book Cases on the Enforcement of Construction Adjudication Awards written by Kenneth T. Salmon and published by AuthorHouse. This book was released on 2012-02-24 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is unique among legal manuscripts in that it contains over ten years of writings on the subject of construction adjudication, giving it both a depth and breadth of coverage few publications can match. From the discussion of Macob Civil Engineering Ltd in Chapter 1 to PC Harrington Contractors Ltd in Chapter 41, the reader is treated to a thorough analysis of the significant cases which have been decided since the Housing Grants, Construction and Regeneration Act 1996 entered into force.

Download or read book Construction Adjudication written by John Riches and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adjudication has been the main means of settling construction disputes since it was first introduced by the Housing Grants, Construction and Regeneration Act 1996, and a substantial body of case law has now built up. This book established itself as the key authority on adjudication when it was first published. It has now been revised to reflect the authors' experience of adjudication in practice and to cover the large number of court decisions. It features useful appendices on adjudication materials.

Download or read book A Practical Guide to Construction Adjudication written by James Pickavance and published by John Wiley & Sons. This book was released on 2015-12-21 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United Kingdom, adjudication is available as a right for parties to a construction contract, following the enactment of the Housing Grants Construction and Regeneration Act 1996. In general, within a comparatively short period of time, parties in dispute will have a decision from an adjudicator, which, except in limited circumstances, the courts will enforce. Adjudication has become the number one method of dispute resolution in the construction industry. The short timescale means that a party needs to know what to do, when to do it and be able to check that the other party and the adjudicator are following the right steps. A Practical Guide to Construction Adjudication gives parties the necessary information to achieve this. It provides a straightforward overview of the process and procedure of adjudication by reference to legislation and case law, augmented with practical guidance including suggestions on what to do or not to do, drafting tips and checklists. Separate chapters for Scotland and Northern Ireland identify and explain the differences in procedure and judicial interpretation between those jurisdictions and England and Wales, and further detailed explanations of the adjudication regimes in Australia, Ireland, Malaysia, New Zealand and Singapore are included. Each of the chapters on jurisdictions outside England and Wales has been written by senior experts in those jurisdictions to ensure the content is accurate and insightful. There are a range of helpful appendices including a bank of model form adjudication documents and tabulated detailed comparisons of the Scheme for Construction Contracts, the other major adjudication rules, the major adjudicator nominating bodies and the UK and international regimes. Readers will particularly appreciate the most comprehensive index of adjudication cases available, sorted into 260 subject headings providing immediate access to all the reported cases on any adjudication topic.

Download or read book A Practical Guide to Construction Adjudication written by James Pickavance and published by John Wiley & Sons. This book was released on 2015-10-22 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United Kingdom, adjudication is available as a right for parties to a construction contract, following the enactment of the Housing Grants Construction and Regeneration Act 1996. In general, within a comparatively short period of time, parties in dispute will have a decision from an adjudicator, which, except in limited circumstances, the courts will enforce. Adjudication has become the number one method of dispute resolution in the construction industry. The short timescale means that a party needs to know what to do, when to do it and be able to check that the other party and the adjudicator are following the right steps. A Practical Guide to Construction Adjudication gives parties the necessary information to achieve this. It provides a straightforward overview of the process and procedure of adjudication by reference to legislation and case law, augmented with practical guidance including suggestions on what to do or not to do, drafting tips and checklists. Separate chapters for Scotland and Northern Ireland identify and explain the differences in procedure and judicial interpretation between those jurisdictions and England and Wales, and further detailed explanations of the adjudication regimes in Australia, Ireland, Malaysia, New Zealand and Singapore are included. Each of the chapters on jurisdictions outside England and Wales has been written by senior experts in those jurisdictions to ensure the content is accurate and insightful. There are a range of helpful appendices including a bank of model form adjudication documents and tabulated detailed comparisons of the Scheme for Construction Contracts, the other major adjudication rules, the major adjudicator nominating bodies and the UK and international regimes. Readers will particularly appreciate the most comprehensive index of adjudication cases available, sorted into 260 subject headings providing immediate access to all the reported cases on any adjudication topic.

Download or read book Enforcement of Arbitral Awards Against Sovereigns written by R. Doak Bishop and published by Juris Publishing, Inc.. This book was released on 2009-09-01 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past decade has seen a veritable explosion of investment treaty and other arbitration claims brought against sovereigns. Many of those cases have been filed before the International Centre for Settlement of Investment Claims (ICSID), which has its own self-contained rules for enforcement. Given this significant increase in sovereign cases and the issues attendant to sovereign immunity, this treatise is timely in addressing the various issues that arise in enforcing arbitral awards against sovereigns. One of the first questions posed to their counsel by clients considering the initiation of an arbitration proceeding against a sovereign state is whether and how the resulting award can be enforced. The origin of the client’s question is usually based in some knowledge that a state possesses sovereign immunity, along with an uncertain concern about the exceptions to such immunity and the difficulties of enforcement against a sovereign’s assets. This uncertainty is understandable, especially in light of the sometimes confusing and even contradictory court decisions in certain jurisdictions. It is these inquiries in their broadest application that form the subject of this treatise. With contributions by eminent and experienced practitioners of the multiple issues that have arisen in various jurisdictions and the key cases that have created the law of enforcement of obligations against sovereigns, this book will provide access to valuable information, add to the transparency of this subject and further spur the consistent development of this area of law. This book is divided into three parts. The first part is general in nature and includes chapters encompassing the subjects of sovereign immunity in general (including both immunity from jurisdiction and immunity from enforcement), treaty obligations to honor awards, diplomatic protection by a claimant’s government to obtain payment of awards, and conciliation and settlement. The second part of the book deals with the means of enforcing awards. Part three of this treatise addresses the enforcement issues that arise in specific jurisdictions in which enforcement against sovereign assets is often sought - in particular, the United States, the United Kingdom, Switzerland, France, The Netherlands, and South America.

Download or read book Construction Adjudication Casebook written by Richard N. M. Anderson and published by . This book was released on 2001 with total page 1084 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication explains the practical import of adjudication cases that have been reported since the Housing Grants, Construction and Regeneration Act 1996 and the Schemes for Construction Contracts 1998. It follows the process of adjudication through from its contemplation to its enforcement and highlight the cases which have a bearing on the various stages of that process. Each section contains summaries of and key extracts from the important cases on adjudication supported by a commentary upon the position currently established.

Download or read book A Practical Approach to Alternative Dispute Resolution written by Susan Blake and published by Oxford University Press. This book was released on 2016 with total page 669 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text will appeal to law students and practitioners looking for a book that deals with the full range of ADR processes. It covers the core topics on the dispute resolution module for the BPTC. Its practical focus highlights the key processes and procedures for each topic.

Download or read book 200 Contractual Problems and their Solutions written by J. Roger Knowles and published by John Wiley & Sons. This book was released on 2012-04-09 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines 200 contractual problems which regularly arise on building and engineering projects and provides a detailed explanation of their solutions, citing standard contract conditions and key parts of legal judgements as authority. A succinct summary is provided at the end of each detailed solution. It covers problems together with their solutions in respect of: Procurement matters Tenders and bidding Design issues Letters of intent Contractor's programme Contractor's float Delays Concurrent Delays Extensions of time Liquidated/delay damages Unliquidated damages Variations Loss and expense/additional cost claims Acceleration Global claims Payment Damage to the works Exclusion clauses Retention of title Practical completion Defect correction Adjudication This book deals with a broad range of construction contracts including JCT Standard Form and Design and Build, New Engineering Contract NEC3, ICE and GC/Works/1. This book was first published under the title of One Hundred Contractual Problems and Their Solutions, with a second edition entitled One Hundred and Fifty Contractual Problems and their Solutions. This third edition adds 50 new problems and replaces 15 of those in the last edition. Of the remainder half have been the subject of revision. "Deserves a place on every site and in every office as the standard handbook on contractual problems" —Construction Law Digest

Download or read book Statutory Adjudication written by Derek Simmonds and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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, including the presentation of 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 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 139 adjudication cases which are also categorised to show the aspect or aspects with which they are principally concerned.

Download or read book MacRoberts on Scottish Construction Contracts written by MacRoberts and published by John Wiley & Sons. This book was released on 2014-09-29 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a guide to the general principles of Scottish law relevant to construction contracts and the main provisions of the standard forms of construction contract used in Scotland including: the obligations of employers and contractors certification payment ending a construction contract remedies subcontracts collateral warranties insurance dispute resolution regulatory matters The new edition has been substantially updated and expanded to take account of the latest editions of the Scottish Standard Building Contracts and recent case law. Specific updates have been driven by the following changes to legislation and standard contracts Local Democracy Economic Development and Construction Act 2009 and the relative Scheme for Construction Contracts Arbitration (Scotland) Act 2010 Recognising the significant increase in use of NEC3 standard forms of contract, references to NEC3 provisions have been introduced throughout the relevant chapters so that each now covers the common law, the SBCC provisions and the NEC3 provisions. It also features new chapters on: litigation; competition; the Bribery Act 2010; and guarantees and bonds. From reviews of previous editions: ‘very approachable and readable... I would particularly recommend this book to non-legal construction professionals’ – Construction & Engineering Law ‘an informative textbook for the practitioner... [a] significant contribution to knowledge’ – Arbitration ‘a highly competent... textbook which would be of value for industry professionals with no legal background’ – Construction Law

Download or read book 150 Contractual Problems and Their Solutions written by J. Roger Knowles and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers 150 problems that regularly arise in building contracts and provides a detailed explanation as to their answers. It cites key parts of legal decisions as authority. The new edition includes some 50 new problems, and revised solutions to a third of the problems to take account of recent case law.

Download or read book Willis s Practice and Procedure for the Quantity Surveyor written by Allan Ashworth and published by John Wiley & Sons. This book was released on 2023-03-27 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: WILLIS’S PRACTICE AND PROCEDURE FOR THE QUANTITY SURVEYOR The most up-to-date edition of the gold standard in introductory quantity surveying textbooks In the newly revised Fourteenth Edition of Willis’s Practice and Procedure for the Quantity Surveyor, the authors provide a comprehensive and authoritative introduction to the core skills required by quantity surveyors. This latest edition is thoroughly updated to emphasize the use of information technology in construction, and contains new pedagogical features, new learning outcomes, and key learning points that relate the material specifically to the RICS Assessment of Professional Competence (APC). Historically employed to estimate and measure the likely material requirements for any building project, the role of the modern quantity surveyor is diverse and dynamic, with rapid change featuring across quantity surveying practice. The book echoes this dynamic environment, covering quantity surveying in private practice, public service, and in contracting organizations. Readers will also find: In-depth discussions of the use of IT in construction New and improved teaching and instruction features in the text, including new learning outcome sections and key learning points to highlight crucial concepts Tighter alignment with the requirements of the RICS Assessment of Professional Competence Perfect for undergraduate students studying quantity surveying, Willis’s Practice and Procedure for the Quantity Surveyor, 14th Edition is also an indispensable resource for practicing surveyors and inspectors seeking a one-stop handbook to the foundational principles of quantity surveying.

Download or read book The Law and Management of Building Subcontracts written by John McGuinness and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are probably 20-25 subcontracts entered into for every major building contract. However, despite this, there are relatively few books that discuss the problems particular to the subcontract relationship between main contracts and their subcontractors. This book examines the main issues that lead to disputes between contractors and subcontractors, identifies relevant law, including decisions of the courts, and also provides a view as to how other issues might be decided. The second edition has been extensively revised to cover all the 2005 JCT subcontracts and works contracts, and recent case law. Four new chapters have been added on subcontractors selected by thrid parties; organisation of the subcontract; sub-subcontracts; and works contracts under management contracting arrangements. It draws on the author’s extensive experience of managing building subcontracts, as well as his involvement in handling over 130 adjudications.

Download or read book Construction Contract Law written by John Adriaanse and published by Bloomsbury Publishing. This book was released on 2017-09-16 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive and popular textbook aims to bridge the gap between theoretical study and practical application. It covers the essentials of construction contracts, including how the law has developed, the reasoning behind key clauses and how contract law is applied in practice, and it helps to make the transition from student to practitioner manageable. This text is intended for all undergraduates studying a construction contract law or a contract administration module or unit. It is ideal for postgraduate degrees in quantity surveying and building surveying, construction project management, and construction management. Civil engineers and students of architecture and architectural technology will find it provides a comprehensive guide to the law in the construction context. It is also very comprehensive in scope and provides sufficient materials to bridge the gap between the student and professional texts. New to this Edition: - Discussion of the implementation of the Local Democracy, Economic Development and Construction Act 2009, amending the Housing Grants Construction and Regeneration Act 1996 - Updates to sections on the formation of contracts, mistakes in tenders, equitable remedies, agency and supervision, and the immunity of expert witnesses, reflecting the latest Supreme Court judgements - Clarification of the relationship between construing and implication of terms, and the law on construction operations - Expansion of the case law on professional liability, and on the Defective Premises Act as a statutory term - More real-world construction examples to illustrate concepts and theories

Download or read book Adjudication in Construction Law written by Darryl Royce and published by Taylor & Francis. This book was released on 2022-01-20 with total page 607 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book International Contractual and Statutory Adjudication written by Andrew Burr and published by Taylor & Francis. This book was released on 2017-04-07 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compilation of commentaries on the various jurisdictions where there either is, or is planned, a statutory adjudication system , this is a review of such systems worldwide in the commercial and construction fields. It features analysis by specialist advisory editors on the adjudication system in place in each separate jurisdiction, together with a copy of the relevant local legislation, and permits a comparative approach between each. This book addresses statutory adjudication in a way that is practically useful and academically rigorous. As such, it remains an essential reference for any lawyer, project manager,contractor or academic involved with the commercial and construction fields.

Download or read book The History of the Technology and Construction Court on Its 150th Anniversary written by Peter Coulson and published by Bloomsbury Publishing. This book was released on 2023-04-06 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection marks the 150th anniversary of the Technology and Construction Court by presenting insights into its history and impact. The contributors are current and retired senior judges, renowned academics and leading construction and technology lawyers. The book draws on their different perspectives and approaches to showcase different aspects of the Official Referees and the TCC from its origins in the Judicature Act 1873 through to its modern-day role as an international leader in dispute resolution through litigation, arbitration and adjudication. Different essays consider the role of the TCC in procedural reform and the digital transformation of dispute resolution, building safety, and how it has impacted on doctrinal English law. The book also explores the lives and impact of notable Official Referees and TCC judges from the senior judiciary's perspective, with contributions by Lord Dyson on the transition from the Official Referees to the TCC, Sir Rupert Jackson on the Housing Grants, Construction and Regeneration Act 1996, Dame Finola O'Farrell on the TCC today, Sir Peter Coulson on Sir Brett Cloutman QC (a Senior Referee who was awarded a Victoria Cross) and Her Honour Frances Kirkham on the court's role in the regions. The creation of a specialist dispute resolution forum for complicated engineering, construction and technological disputes is a foundational milestone in the legal history of construction law in England and Wales. This collection offers a unique insight from the judiciary, practising lawyers and academics into the significance and development of the court.