Construction Adjudication and Payments Handbook

by Martinez, Merissa; Rawley, Dominique; Williams, Kate

• ISBN13: 9780199551590
• ISBN10: 0199551596
• Format: Paperback
• Copyright: 2012-06-14
• Publisher: Oxford University Press

Summary

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 10th 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.

Author Biography

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. Dominique Rawley is a barrister at Atkin Chambers specializing in all areas of technology, construction, and engineering disputes. She has extensive experience in advising on and preparing adjudications, and acting in enforcement proceedings.
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., and is now a consultant to Bechtel and to other projects.

Table of Contents

Introduction

Construction Contracts

Section 104: What is a 'construction contract'?

Section 105: What are 'construction operations'?

Section 106: Residential occupier exemption

Section 107: Agreement in writing.

Adjudication under the Construction Act

Section 108: Right to refer disputes to adjudication

Jurisdiction of the Adjudicator

Running the Adjudication: commentary and case materials

Common Disputes

Challenging the Adjudicator's Decision: commentary and case materials

Enforcement of the Adjudicator's Decision: commentary and case materials

Payment Provisions

Section 109: Entitlement to Stage Payments

Section 110: Dates for Payment

Section 111: Notice of Witholding

Section 112: Right to suspend performance for non-payment

Section 113: Prohibition of pay when paid clauses

Supplementary Provisions

Section 114:The scheme for construction contracts

Section 115: Service of notices etc.

Section 116: Reckoning periods of time

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

Table of Contents provided by Publisher. All Rights Reserved.