This book is unique among legal manuscripts in that it contains over ten years of writings on the subject of construction adjudication, giving it both a depth and breadth of coverage few publications can match. From the discussion of Macob Civil Engineering Ltd in Chapter 1 to PC Harrington Contractors Ltd in Chapter 41, the reader is treated to a thorough analysis of the significant cases which have been decided since the Housing Grants, Construction and Regeneration Act 1996 entered into force.
In the United Kingdom, adjudication is available as a right for parties to a construction contract, following the enactment of the Housing Grants Construction and Regeneration Act 1996. In general, within a comparatively short period of time, parties in dispute will have a decision from an adjudicator, which, except in limited circumstances, the courts will enforce. Adjudication has become the number one method of dispute resolution in the construction industry. The short timescale means that a party needs to know what to do, when to do it and be able to check that the other party and the adjudicator are following the right steps. A Practical Guide to Construction Adjudication gives parties the necessary information to achieve this. It provides a straightforward overview of the process and procedure of adjudication by reference to legislation and case law, augmented with practical guidance including suggestions on what to do or not to do, drafting tips and checklists. Separate chapters for Scotland and Northern Ireland identify and explain the differences in procedure and judicial interpretation between those jurisdictions and England and Wales, and further detailed explanations of the adjudication regimes in Australia, Ireland, Malaysia, New Zealand and Singapore are included. Each of the chapters on jurisdictions outside England and Wales has been written by senior experts in those jurisdictions to ensure the content is accurate and insightful. There are a range of helpful appendices including a bank of model form adjudication documents and tabulated detailed comparisons of the Scheme for Construction Contracts, the other major adjudication rules, the major adjudicator nominating bodies and the UK and international regimes. Readers will particularly appreciate the most comprehensive index of adjudication cases available, sorted into 260 subject headings providing immediate access to all the reported cases on any adjudication topic.
The past decade has seen a veritable explosion of investment treaty and other arbitration claims brought against sovereigns. Many of those cases have been filed before the International Centre for Settlement of Investment Claims (ICSID), which has its own self-contained rules for enforcement. Given this significant increase in sovereign cases and the issues attendant to sovereign immunity, this treatise is timely in addressing the various issues that arise in enforcing arbitral awards against sovereigns. One of the first questions posed to their counsel by clients considering the initiation of an arbitration proceeding against a sovereign state is whether and how the resulting award can be enforced. The origin of the client’s question is usually based in some knowledge that a state possesses sovereign immunity, along with an uncertain concern about the exceptions to such immunity and the difficulties of enforcement against a sovereign’s assets. This uncertainty is understandable, especially in light of the sometimes confusing and even contradictory court decisions in certain jurisdictions. It is these inquiries in their broadest application that form the subject of this treatise. With contributions by eminent and experienced practitioners of the multiple issues that have arisen in various jurisdictions and the key cases that have created the law of enforcement of obligations against sovereigns, this book will provide access to valuable information, add to the transparency of this subject and further spur the consistent development of this area of law. This book is divided into three parts. The first part is general in nature and includes chapters encompassing the subjects of sovereign immunity in general (including both immunity from jurisdiction and immunity from enforcement), treaty obligations to honor awards, diplomatic protection by a claimant’s government to obtain payment of awards, and conciliation and settlement. The second part of the book deals with the means of enforcing awards. Part three of this treatise addresses the enforcement issues that arise in specific jurisdictions in which enforcement against sovereign assets is often sought - in particular, the United States, the United Kingdom, Switzerland, France, The Netherlands, and South America.
Adjudication has been the main means of settling construction disputes since it was first introduced by the Housing Grants, Construction and Regeneration Act 1996, and a substantial body of case law has now built up. This book established itself as the key authority on adjudication when it was first published. It has now been revised to reflect the authors' experience of adjudication in practice and to cover the large number of court decisions. It features useful appendices on adjudication materials.
This text will appeal to law students and practitioners looking for a book that deals with the full range of ADR processes. It covers the core topics on the dispute resolution module for the BPTC. Its practical focus highlights the key processes and procedures for each topic.
This book examines 200 contractual problems which regularly arise on building and engineering projects and provides a detailed explanation of their solutions, citing standard contract conditions and key parts of legal judgements as authority. A succinct summary is provided at the end of each detailed solution. It covers problems together with their solutions in respect of: Procurement matters Tenders and bidding Design issues Letters of intent Contractor's programme Contractor's float Delays Concurrent Delays Extensions of time Liquidated/delay damages Unliquidated damages Variations Loss and expense/additional cost claims Acceleration Global claims Payment Damage to the works Exclusion clauses Retention of title Practical completion Defect correction Adjudication This book deals with a broad range of construction contracts including JCT Standard Form and Design and Build, New Engineering Contract NEC3, ICE and GC/Works/1. This book was first published under the title of One Hundred Contractual Problems and Their Solutions, with a second edition entitled One Hundred and Fifty Contractual Problems and their Solutions. This third edition adds 50 new problems and replaces 15 of those in the last edition. Of the remainder half have been the subject of revision. "Deserves a place on every site and in every office as the standard handbook on contractual problems" —Construction Law Digest
Provides a guide to the general principles of Scottish law relevant to construction contracts and the main provisions of the standard forms of construction contract used in Scotland including: the obligations of employers and contractors certification payment ending a construction contract remedies subcontracts collateral warranties insurance dispute resolution regulatory matters The new edition has been substantially updated and expanded to take account of the latest editions of the Scottish Standard Building Contracts and recent case law. Specific updates have been driven by the following changes to legislation and standard contracts Local Democracy Economic Development and Construction Act 2009 and the relative Scheme for Construction Contracts Arbitration (Scotland) Act 2010 Recognising the significant increase in use of NEC3 standard forms of contract, references to NEC3 provisions have been introduced throughout the relevant chapters so that each now covers the common law, the SBCC provisions and the NEC3 provisions. It also features new chapters on: litigation; competition; the Bribery Act 2010; and guarantees and bonds. From reviews of previous editions: ‘very approachable and readable... I would particularly recommend this book to non-legal construction professionals’ – Construction & Engineering Law ‘an informative textbook for the practitioner... [a] significant contribution to knowledge’ – Arbitration ‘a highly competent... textbook which would be of value for industry professionals with no legal background’ – Construction Law
This book considers 150 problems that regularly arise in building contracts and provides a detailed explanation as to their answers. It cites key parts of legal decisions as authority. The new edition includes some 50 new problems, and revised solutions to a third of the problems to take account of recent case law.
WILLIS’S PRACTICE AND PROCEDURE FOR THE QUANTITY SURVEYOR The most up-to-date edition of the gold standard in introductory quantity surveying textbooks In the newly revised Fourteenth Edition of Willis’s Practice and Procedure for the Quantity Surveyor, the authors provide a comprehensive and authoritative introduction to the core skills required by quantity surveyors. This latest edition is thoroughly updated to emphasize the use of information technology in construction, and contains new pedagogical features, new learning outcomes, and key learning points that relate the material specifically to the RICS Assessment of Professional Competence (APC). Historically employed to estimate and measure the likely material requirements for any building project, the role of the modern quantity surveyor is diverse and dynamic, with rapid change featuring across quantity surveying practice. The book echoes this dynamic environment, covering quantity surveying in private practice, public service, and in contracting organizations. Readers will also find: In-depth discussions of the use of IT in construction New and improved teaching and instruction features in the text, including new learning outcome sections and key learning points to highlight crucial concepts Tighter alignment with the requirements of the RICS Assessment of Professional Competence Perfect for undergraduate students studying quantity surveying, Willis’s Practice and Procedure for the Quantity Surveyor, 14th Edition is also an indispensable resource for practicing surveyors and inspectors seeking a one-stop handbook to the foundational principles of quantity surveying.
There are probably 20-25 subcontracts entered into for every major building contract. However, despite this, there are relatively few books that discuss the problems particular to the subcontract relationship between main contracts and their subcontractors. This book examines the main issues that lead to disputes between contractors and subcontractors, identifies relevant law, including decisions of the courts, and also provides a view as to how other issues might be decided. The second edition has been extensively revised to cover all the 2005 JCT subcontracts and works contracts, and recent case law. Four new chapters have been added on subcontractors selected by thrid parties; organisation of the subcontract; sub-subcontracts; and works contracts under management contracting arrangements. It draws on the author’s extensive experience of managing building subcontracts, as well as his involvement in handling over 130 adjudications.
