Construction Adjudication by John Riches, Christopher Dancaster

By John Riches, Christopher Dancaster

Adjudication has been the most technique of settling building disputes because it used to be first brought by way of the Housing gives you, building and Regeneration Act 1996, and a considerable physique of case legislation has now equipped up.This publication confirmed itself because the key authority on adjudication while it was once first released. It has now been revised to mirror the authors' adventure of adjudication in perform and to hide the big variety of court docket judgements. It positive factors invaluable appendices on adjudication fabrics.

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16 It followed that scaffolding work in connection with these works was also a construction operation. 15 16 See Appleby v. Myers [1867] LR 2CD 651, Blackburn J. Palmers Limited v. ABB Power Construction Limited (6 August 1999). 28 Construction Adjudication The hire of plant and labour has been held to fall under this sub-section where the plant and labour is preparatory to or for the purposes of rendering work complete: `It is common ground that a contract for mere plant hire is not a construction contract within HGCRA.

We are not talking here about things like technical knowledge, awareness of adjudication procedures or knowledge of contracts and contract law. These can be learnt. We are not talking about professional experience. What we are considering are those rather less definable qualities that relate to the personality of the adjudicator. These are the qualities that enable the adjudicator to make a success of the process. Adjudication can be a tricky business. The timescale involved makes this almost inevitable.

Construction adjudication is completely new. It is not consensual; it is forced upon the parties by the requirements of the Act. It is not binding; the decision is only temporary until the dispute is resolved by another means. Construction adjudication is probably sui generis, the only one of its kind. Chapter 2 The Act: the Overarching Provisions Sections 104±107 and 114±117, 146, 148±151 This chapter examines the provisions of Part II of the Act other than the specific sections that apply to adjudication, payment and suspension of performance which are considered in Chapters 3 and 4.

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