The 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 such as those in Australia, Southeast Asia and Canada, 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 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.
About the author
Darryl Royce is a barrister at Atkin Chambers. He advises upon, and acts for parties involved in, construction projects, including appearances before the Technology and Construction Court, arbitrators, adjudicators and mediators. He specialises in work in the construction, engineering and infrastructure, energy, natural resources and utilities, and shipbuilding fields and deals with related professional negligence matters. Darryl has experience as an arbitrator, adjudicator and mediator, and is qualified to undertake Public Access work. He also frequently advises parties involved in the adjudication process. In addition, he is a member the Western Circuit, TECBAR (the Technology and Construction Bar Association) and was one of the 12 founder members of the SCL (the Society of Construction Law). As well as being the author of ‘Adjudication in Construction Law’ he is a contributing editor to ‘Hudson’s Building and Engineering Contracts’ 14th edition (Sweet & Maxwell) and the editor of the Technology and Construction Law Reports in the Construction Law Journal.
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