Adjudication provisions are now a fundamental part of construction contracts. A clear and concise understanding of the adjudication process is therefore essential. Practical adjudication for construction professionals presents practical advice on the process of adjudication and how best to proceed to an ultimate decision.
This up-to-date book is divided into three parts. Part 1 provides details of the legal requirements for construction adjudication, describes and critically reviews the Construction Act, the current Scheme for Construction Contracts and the ICE, JCT, GC/Works and CIC contractual adjudication procedures. In Part 2, the procedural conduct of adjudication - from the occurence of a dispute, through the appointment of an Adjudicator, to the production of an adjudication decision - are examined. Following on from this, more general issues, including insurance aspects, are discussed in Part 3. Several appendices and a comprehensive list of adjudication cases and summaries are provided at the end of the book.
The book incorporates valuable guidance from recently decided legal cases, identifies significant differences between statutory Scheme adjudications and contractual adjudications, and highlights the increasing divergence in some areas between the decisions of the English and Scottish courts. Included within this essential resource are details of the amendments to the Scheme which the Government originally proposed, and - in the absence of any current legislative proposals - the most recent consultation document Adjudication under the Scheme - Guidance to Adjudicators produced by Construction Umbrella Bodies Adjudication Task Group.
Preface
Introduction
Part 1 : Legislation and Formal Adjudication Procedures
Chapter 1 : The Construction Act
Chapter 2 : ICE Adudication Procedure
Chapter 3 : JCT Adjudication Procedure
Chapter 4 : GC/Works Adjudication Procedure
Chapter 5 : CIC Model Adjudication Procedure
Chapter 6 : The Scheme
Chapter 7 : Draft Proposed Possible Scheme Amendments
Part 2 : The Conduct of an Adjudication
Chapter 8 : Adjudicator Appointments
Chapter 9 : Jurisdiction
Chapter 10 : Procedural Fairness
Chapter 11 : Conduct of The Adjudication
Chapter 12 : The Decision
Part 3 : Supplementary Matters
Chapter 13 : Miscellaneous Issues
Chapter 14 : Appeals and Enforcement
Chapter 15 : Insurance Implications
Conclusions
Appendices
Bibliography
