Adjudication Procedure 1997

- Adjudication Procedure (1997) - Adjudicator's Agreement - Schedule to the Adjudicator's Agreement Sample Documents - Notice of Adjudication - Application for the Selection/Appointment of an Adjudicator

This title provides practical guidance to the new ICE Adjudication Procedure (1997). It includes a review of the requirements of the Housing Grants and Construction Regeneration Act 1996 and their application to construction adjudication. The Procedure is reviewed in detail, with notes on each clause and guidance for practical application.

This title provides practical guidance to the new ICE Adjudication Procedure (1997). It includes a review of the requirements of the Housing Grants and Construction Regeneration Act 1996 and their application to construction adjudication. The Procedure is reviewed in detail, with notes on each clause and guidance for practical application.

- Introduction - Background and development of dispute resolution in construction - Resolving disputes by adjudication - The Adjudicator's decision - The Act - Clause by clause commentary and discussion - The Scheme - ICE Contracts - The NEC Family of Contracts - JCT Contracts - Other Construction Contracts - Consultant's Contracts - Legal Notes (Written by Roger Dyer) - Appendices

This is a guide to the effects of the Housing Grants, Construction and Regeneration Act 1996, and the Scheme for Construction Contracts which is a regulation produced under the Act. It explains the actions required by the scheme stage by stage.

- Introduction Part 1: Legislation and formal adjudication procedures - The Construction Act - ICE Adudication Procedure - JCT Adjudication Procedure - GC/Works Adjudication Procedure - CIC Model Adjudication Procedure - The Scheme - Draft Proposed Possible Scheme Amendments Part 2: The conduct of an adjudication - Adjudicator appointments - Jurisdiction - Procedural fairness - Conduct of the adjudication - The Decision Part 3: Supplementary matters - Miscellaneous issues - Appeals and enforcement - Insurance implications - Conclusions - Appendices - Bibliography

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.

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.