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Construction Adjudication and Payments Handbook


ISBN13: 9780199551590
New Edition ISBN: 9780198792338
Published: August 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £142.50



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This book provides a user-friendly and practical guide to compliance and adjudication under the Housing Grants, Construction and Regeneration Act 1996.

Timed to coincide with both the 15th anniversary of the Act coming into force (1 May 2008), and the culmination of its review by parliament, the work will provide an up-to-date compendium of case law and useful materials which will be valuable to the construction industry, legal practitioners, and students.

The book provides a comprehensive and practical coverage both of 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, and with a separate section of case summaries.

The book will cover the large number of cases and developments since 2001, including the outcome of the 2007 Construction Act Review. It will include the authors' commentary alongside extracts from cases which are often including in drafting the Referral, Response or Reply or any challenge to enforcement in the Courts. It will have the relevant excerpts in one place means that consideration for factual relevance and inclusion in submitted documents will be a quick and easy process.

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

  • Provides an up to date and user-friendly practical compendium of statutes, and case law, as well as authored commentary on adjudications
  • Covers both the adjudication and payment provisions of the Housing Grants, Construction and Regeneration Act 1996
  • Contains comprehensive coverage of the Act in a clear, accessible layout
  • Analyses each of the major sections of the Act in turn with sections on: Construction Contracts, Adjudication, Payment Provisions, and Supplementary Provisions
  • Contains a companion website which will be updated to include reference to developments in the area

Subjects:
Construction Law
Contents:
1. Introduction

1. Construction Contracts
2.
Section 104: What is a 'construction contract'?
3.
Section 105: What are 'construction operations'?
4.
Section 106: Residential occupier exemption
5.
Section 107: Agreement in writing.

2. Adjudication under the Construction Act
6.
Section 108: Right to refer disputes to adjudication
7. Jurisdiction of the Adjudicator
8. Running the Adjudication: commentary and case materials
9. Common Disputes
10. Challenging the Adjudicator's Decision: commentary and case materials
11. Enforcement of the Adjudicator's Decision: commentary and case materials

3. Payment Provisions
12.
Section 109: Entitlement to Stage Payments
13.
Section 110: Dates for Payment
14.
Section 111: Notice of Witholding
15.
Section 112: Right to suspend performance for non-payment
16.
Section 113: Prohibition of pay when paid clauses

4. Supplementary Provisions
17.
Section 114:The scheme for construction contracts
18.
Section 115: Service of notices etc.
19.
Section 116: Reckoning periods of time
20.
Section 117: Crown application

Appendices
Commencement Orders
Adjudication Rules
Adjudicator Nominating Bodies
Table of case by name of Adjudicator
Table of cases by reference to subject matter