Construction Adjudication and Payments Handbook

1. Auflage 2013
ISBN: 978-0-19-955159-0
Verlag: Oxford University Press

Buch, Englisch, 592 Seiten, Format (B × H): 175 mm x 246 mm, Gewicht: 1000 g

Construction Adjudication and Payments Handbook provides a user-friendly and practical guide to adjudication and payments under the Housing Grants, Construction and Regeneration Act 1996 and subsequent legislation. It provides a compendium of case law and materials which is invaluable to the construction industry, adjudicators, legal practitioners, and students.

The book covers both the adjudication and payment provisions of the Act. It is set out in an accessible format dealing in turn with each of the major sections of the Act. It also covers how the courts approach challenges to enforcement of adjudication decisions. Alongside commentary from four expert authors, the book presents extracts from the leading cases, comprehensive tables, and insightful summaries of the relevant cases throughout.

This title provides an indispensable review of the statutory framework and the judicial guidance and is an excellent resource for construction lawyers and industry professionals.

Zielgruppe

Solicitors and barristers specialising in construction law; adjudicators; construction industry professionals such as Claims Consultants and Quantity Surveyors; and students on courses such as the MSc in Construction Law at King's College London

Autoren/Hrsg.

Rawley QC, Dominique

Martinez, Merissa

Williams, Kate

Land, Peter

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

- Table of Cases

- Table of Legislation

- 1. Statutory and Contractual Adjudication

- 1: Construction Contracts and Construction Operations

- 2: Section 107 and the Requirement for Writing

- 3: Section 108 and the Right to Adjudicate

- 4: The Statutory Scheme

- 2. Ad Hoc Adjudication

- 5: Ad Hoc References and Adjudications Outside the Act

- 3. Effect, Enforcement, and Enforceability

- 6: Effect of an Adjudicator's Decision

- 7: Enforcement

- 8: Staying Enforcement

- 9: Jurisdictional Challenges

- 10: Challenges Based on Breach of Natural Justice

- 11: Challenges Based on Bias and Predetermination

- 4. Payment under Construction Contracts

- 12: Section 109 and 110(1): Interim and Final Payments

- 13: Section 110(1) and 111: Payment and Withholding Notices under the 1996 Act

- 14: Payment and Pay-less Notices under the 2009 Act

- 15: Section 112: Suspending Performance

- 16: Section 113 and 110(1): Conditional Payment Clauses

- 5. Miscellaneous

- 17: Notices, Reckoning of Time, and Application to the Crown

- Appendices: Materials

Über Autor(innen)

Dominique Rawley QC is a barrister at Atkin Chambers specializing in all areas of technology, construction, and engineering disputes. Having taken silk in 2012, she has extensive experience of advising on and preparing adjudications, and acting in enforcement proceedings.

Merissa Martinez is qualified as a barrister in Australia, and as a Solicitor in England and Wales. She works in the Dispute Resolution and Litigation Department at Trowers & Hamlins in London, which she joined in 2006 from Bechtel Ltd., the world's largest private construction and engineering firm. She specialises in adjudication and adjudication related advice and has also been recommended in the Legal 500.

Kate Williams is a dual qualified barrister and solicitor with fourteen years' experience in providing independent contentious and non-contentious construction advice in the UK and abroad. She spent the early part of her career at Linklaters and at Keating Chambers, before becoming in-house Counsel to Bechtel Ltd

Peter Land is a barrister at Atkin Chambers, working across all areas of construction and engineering, as well as information technology dispute resolution and advisory work. Originally an engineer, prior to coming to the bar Peter gained 15 years experience across a broad range of industry sectors including power generation, construction, defence, oil and gas, financial and professional service.