Download or read book Statutory Adjudication in Singapore written by Philip Chuen Fye Chan and published by . This book was released on 2008 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Statutory Adjudication in Singapore written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 463 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 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 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 Taking Statutory Adjudication to the Next Level written by Samer Skaik and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Statutory adjudication was introduced in the security of payment legislation to quickly and fairly resolve payment disputes in the construction industry. One of the interesting features in some legislation is the availability of an express limited right of aggrieved parties to apply for review against erroneous adjudication decisions. In Singapore, the legislation has no equivalent elsewhere in that it provides for a full review mechanism of erroneous determinations considering the fact that adjudicators often have to grapple with complex issues as sheer volume of documents within a very tight timeframe. This paper discusses the various review mechanisms of erroneous adjudication determinations then asks the question as to whether an appropriately devised legislative review mechanism on the merits, should be an essential characteristic of any effective statutory adjudication scheme. The paper concludes by making the case that an appropriately designed review mechanism as proposed in the paper could be the most pragmatic and effective measure to improve the quality of adjudication outcome and increase the disputants' confidence in statutory adjudication.

Download or read book A Legal Analysis of Statutory Adjudication in the Construction Industry written by Rozina binti Mohd Zafian and published by . This book was released on 2013 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the early 1990s, UK experienced a recession which led to massive job losses and insolvency of businesses, particularly in the construction sector. This state of affairs triggered the UK Government to enact the Housing Grants, Construction and Regeneration Act 1996 (Construction Act) and Part 1 of The Scheme for Construction Contracts (England and Wales) Regulations 1998 which came into force on 1 May 1998. This Act and its Scheme introduce a system to facilitate prompt payment to affected parties in the construction industry and a mechanism to resolve disputes speedily through statutory adjudication. Similar Acts soon emerged in Australia, New Zealand and Singapore to address acute cash flow problems in their industry. In Malaysia, an Act referred to as the Construction Industry Payment and Adjudication Act (CIPA Act) has been recently passed in May of 2012 to address the issues of payment and dispute settlement in the construction industry. This Act is expected to be in force early of 2013. During the drafting of its Act, Malaysia have the options to choose between the contrasting models from other jurisdictions, to learn from the mistakes made, and to pick and integrate the best practices under each model to produce a scheme acceptable by the participants in the construction industry. The CIPA Act 2012 is observed to be akin to the Construction Act in the UK. However, different from the UK Act which include issues other than payment, the CIPA 2012 confined the law to regulate payment issue and the introduction of statutory adjudication as a mechanism to resolve the issues. With reference to the UK Construction Act and equivalent Acts in other jurisdictions and legal principles derived from the UK precedents, this study intends to contribute and extend towards a basic cognizance and an appreciation of the concept of disputes and its causes and of the different forms of dispute resolution available for the construction industry, analyse the statutory adjudication mechanism in the UK Construction Act, in its Scheme, and in other legislation, derive the guiding principles from UK court decisions, and identify areas that have been and have not been addressed by the CIPA Act. It further intends to propose several mechanisms to ensure statutory adjudication meets its objective and to highlight other avenues available to resolve disputes. It is hope that this study will be able to lend some support and guidance to those who would be directly involved in the construction sector and will be able to assists policy makers to address the issues of concern that were not dealt by the CIPA Act in the event the Act undergoes a review on its efficacy in the future.

Download or read book Construction Arbitration and Alternative Dispute Resolution written by Renato Nazzini and published by Taylor & Francis. This book was released on 2021-10-21 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR). Covering four general themes, this book discusses: the increasing internationalisation of dispute resolution in construction law; the increasing reliance on technology in the management of construction projects and construction arbitration/ADR; the increasing prominence of collaborative contracting in construction and infrastructure projects; the increasing importance of contractual adjudication such as dispute boards in construction and infrastructure projects; the increasing prevalence of statutory adjudication mechanisms across the world; and the greater incidence of investment disputes and disputes against States and State entities over construction and infrastructure concessions and agreements. Tapping on their substantial expertise in practice and in research, the contributor team of senior practitioners and academics in the area of construction law and dispute resolution provide readers with information that balances an intellectually rigorous academic contribution against the backdrop of real concerns raised in practice. Construction Arbitration and Alternative Dispute Resolution is an invaluable resource for practitioners in the field, academics in arbitration and construction law, and post-graduate students in construction law and dispute resolution.

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 Building Contract Law in Singapore written by Edwin Peng Khoon Lee and published by . This book was released on 2016 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Singapore Construction Adjudication Review written by Kok Fong Chow and published by . This book was released on 2012 with total page 947 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Statutory Construction Adjudication written by Noushad Ali Naseem Ameer Ali and published by . This book was released on 2016 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: The construction industry contributes significantly to any country’s economy. However, there remain two chronic problems. They are: (i) delayed or non-payment, and (ii) costly and protracted dispute resolution. The severity of these problems have led to several jurisdictions including the UK, New Zealand, Singapore, Malaysia, and Australia to legislate on payment provisions and introduce adjudication as a rapid dispute resolution method. This research was done to analyse the effectiveness of adjudication provisions in legislation governing payment and adjudication focused on the New Zealand and Malaysian Acts. To achieve this aim, research objectives were formulated under 6 areas: (i) analysis of construction dispute resolution methods, (ii) key coverage and scope of the adjudication provisions in the Acts, (iii) clarity of legislative drafting and style, (iv) time taken to resolve disputes in adjudications, costs of adjudications, and quality of adjudicators’ decisions, and (v) quality of adjudicators and their training, and (vi) an initiation of the development of a decision-making model for adjudication legislation. These objectives were achieved using a mixed method to analyse the key features and effectiveness of the adjudication provisions in these Acts. The mixed method comprised legal documentary analysis by examining primary and secondary legal sources (including legislation and case law), a quantitative approach (through questionnaires distributed to adjudicators in New Zealand), and a case study relating to the Malaysian Act. The findings show that although all these Acts use the same term - adjudication, a deeper analysis shows some of the concepts and details are significantly different among jurisdictions. There appear to be two major models – the narrower New South Wales model that focuses on payment adopted by several other states in Australia and Singapore and the wider UK model adopted with modifications by New Zealand where all disputes may be resolved through adjudication. The Acts in New Zealand and Malaysia have very similar objectives on dispute resolution, but a detailed analysis shows the details are different. The findings show there is incongruence between the objectives and the detailed provisions of the Malaysian Act. The Malaysian Act provides the longest adjudication durations and the most elaborate adjudication processes including provisions for hearings, ordering discovery of documents, and even ordering evidence to be given on oath. However, despite the long durations, the Act takes the narrow path of only allowing adjudication for payment claims for work done or services rendered. Empirical evidence was also obtained from a questionnaire survey of adjudicators in New Zealand, which had a response rate of 73% of the total number of adjudicators listed on the then three adjudicator authorised nominating authorities in New Zealand. The main findings from the documentary analysis and the survey indicate that (i) the legislative drafting style of the New Zealand Act and some of the Australian Acts were written in modern plain language while others such as Singapore adopted the traditional style, (ii) the majority of adjudicators in New Zealand found the Act easy to understand, the actual time taken in adjudications were generally within the overall timeframes provided under the Act, and costs were well contained. Case analysis shows a significant number of adjudicators’ decisions that were referred to court were related to procedural matters. Although the proportion of adjudication decisions that were referred to court are relatively small at under 5%, if the quality of adjudicators were improved through enhanced training, there may be a possibility the number of cases being challenged in court could be lowered. A new task-based approach to developing adjudicator standards and testing and accrediting adjudicators was developed as a proof-of-concept. This approach was demonstrated using the Malaysian Act as a base and modified and adapted to apply to the New Zealand Act. The findings also led to a development of a preliminary decision-making model on adjudication legislation. To demonstrate its potential application the model was applied to the Malaysian Act and the first court case on adjudication in Malaysia. Among the conclusions is that the decision-making model could be used by countries considering adjudication and those considering amending their existing payment and adjudication Acts. The model can help in making informed choices and direction on concepts for the Act being considered. Among the conclusions formed as a result of these findings was the recommendations to the Commonwealth Association of Legislative Counsel to produce a uniform drafting style guide for all Commonwealth countries. Consistency in drafting style can help avoid discrepancies in interpretation.

Download or read book Singapore Construction Adjudication Review written by Kok Fong Chow and published by . This book was released on 2011 with total page 1128 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Singapore Construction Adjudication Review written by Kok Fong Chow and published by . This book was released on 2013 with total page 985 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Singapore Construction Adjudication Review written by Chow Kok Fong and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Singapore Construction Adjudication Review written by Kok Fong Chow and published by . This book was released on 2017 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Singapore Construction Adjudication Review written by Kok Fong Chow and published by . This book was released on 2016 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: