Full Description
This fourth edition of Sir Peter Coulson's highly regarded work on construction adjudication, widely considered to be the leading authority in the field, continues to provide comprehensive analysis of the law and practice of adjudication in construction and engineering disputes.
Thoroughly revised with reference to over 80 new adjudication cases, the new edition of this popular title also provides an analysis of the increase in 'smash and grab' payment claims brought by contractors based on the procedural omissions of the employer. The book has also expanded to cover developments in the Technology and Construction Court's (TCC) practice and procedure for dealing with 'smash and grab' claims, and includes practical guidance from the TCC and Commercial Court as to the necessary ethical principles to be adopted by adjudicators.
This work is the definitive guide to the law and practice of construction adjudication, making it an essential reference work for all those involved with construction law.
Contents
PART I STATUTORY ADJUDICATION
1: The Latham Report and Its Aftermath
2: The Statutory Provisions Relating to Adjudication
3: The Statutory Provisions Relating to Payment
4: The Statutory Scheme
PART II OTHER FORMS OF ADJUDICATION
5: Contractual Adjudication
6: Ad Hoc Adjudication
PART III THE ADJUDICATOR'S JURISDICTION
7: General Principles
8: Errors of Law and Fact
9: Abatement and Set-Off
10: Costs and Fees
PART IV NATURAL JUSTICE
11: General Principles
12: Bias
13: A Fair Hearing
PART V ENFORCEMENT
14: The Status and Effect of an Adjudicator's Decision
15: Principles of Enforcement
16: Adjudication Business in the TCC
17: Stay of Execution
PART VI A PRACTICAL GUIDE TO ADJUDICATION
18: Commencing an Adjudication
19: The Adjudication Itself
20: The Adjudicator's Decision
APPENDICES
Appendix A: Part II of the Housing Grants, Construction and Regeneration Act 1996
Appendix B: The Scheme for Construction Contracts (England and Wales) Regulations 1998, S.I. 1998/649
Appendix C: Adjudication Business
Appendix D: Draft directions order in adjudication enforcement proceedings
