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.
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
