Construction Adjudication

Extensively cross referenced to allow navigation of the vast number of cases decided in a short period of time. This is the first comprehensive text book to deal with the law and practice of adjudication in construction and engineering disputes. The Housing Grants, Construction and Regeneration Act 1996 introduced adjudication as a new and compulsory form of dispute resolution mechanism in construction contracts, pursuant to which all disputes will be decided in 28 days by an adjudicator, whose decision then remains binding and enforceable, unless and until it is challenged in court or arbitration. There have been tens of thousands of such adjudications in the decade since the Act came into force, and nearly 300 reported judgements, as the Technology & Construction Court and the Court of Appeal have set out guidance to the parties (and the adjudicators) on the proper approach to the running of an adjudication and the legal effect and status of the adjudicator's decision. The volume of such cases, and the constant refining of the relevant principles by the courts, has meant that it is only now possible for a detailed work on this subject to be prepared. This textbook analyses all these decisions under clear headings, and explains the scope and limits of an adjudicator's jurisdiction. It also includes a section full of practical advice to parties and to adjudicators as to how they can ensure a successful adjudication. Written by a Senior Circuit judge, who sits full time in the Technology and Construction Court, Construction Adjudication provides the first authoritative and up to date text which will be of invaluable help to all those involved in the adjudication process.

Table of Contents:
Foreword by Mr Justice Ramsey; PART 1: STATUTORY ADJUDICATION; 1. The Latham Report and the Bill; 2. The Housing Grants, Construction and Regeneration Act 1996; 3. The Statutory Scheme; PART 2: OTHER FORMS OF ADJUDICATION; 4. Contractual Adjudication; 5. Ad hoc Adjudication; 6. Adjudication in Other Jurisdictions; PART 3: THE ADJUDICATOR'S JURISDICTION; 7. General Principles; 8. Errors of Fact and Law; 9. Fairness; 10. Abatement and Set-Off; 11. Costs and Fees; PART 4: ENFORCEMENT; 12. The Status and Effect of an Adjudicator's Decision; 13. Principles of Enforcement; 14. Adjudication Business in the TCC; 15. Stay of Execution; PART 5: A PRACTICAL GUIDE TO ADJUDICATION; 16. Commencing an Adjudication; 17. The Adjudication Itself; 18. The Decision; PART 6: THE FUTURE; 19. 1. The DTI Review and the Proposed Changes to the 1996 Act; APPENDICES; Appendix A: The Relevant Parts of the 1996 Act; Appendix B: Statutory Instrument SI/1998 649; Appendix C: Statutory Instrument SI/1998 648; Appendix D: Draft Directions In Adjudication Enforcement Proceedings

About the Author :
HHKJ Peter Coulson QC was appointed a Senior Circuit Judge in 2004, and sits full time at the Technology and Construction Court in London. Prior to that eh was, for over 20 years, a member of Keating Chambers, a specialist construction set in Essex Street. He took silk in 2001 and became a recorder in 2002. He is a Bencher of Gray's Inn.

Review :
"One of the benefits from this book is that it concisely covers the many cases relating to adjudication, but rationalizes each of them extracting only the novel key principles of each case. Anyone that is involved in construction and adjudication should not only have this book on their shelf, but should also ensure that they read it." -Nicholas Gould, Partner, Fenwick-Elliott LLP