Adjudication in Construction Law
Page 621
Index
Index
- Abridgment of time
- Abuse of process
- Adjudication
- Adjudication notice. See Notice of intention to refer
- Adjudication scheme for professional negligence claims
-
Adjudicator
- appointment. See Appointment of adjudicator
- bias. See Bias
- communications with the parties
- consideration of evidence and law
- consideration of evidence under investigative jurisdiction
- constraints upon adjudicators
- corporate body
- declaration of interest by
- declining to consider evidence adjudicator
- declining to consider late material
- experience as an advocate
- failure to inform other party of communications with party
- failure to carry out site inspection
- fees and expenses. See Fees and expenses
- interest as defence to enforcement
- jurisdiction in absence of certificate
- jurisdiction in relation to conditional payment
- not obliged to accept submission of one party or the other
- obligation to resign
- obtaining legal advice
- own knowledge and experience
- participation in experts’ discussions
- participation in ‘without prejudice’ negotiations
- person, must be
- use of alternative approach
- who may act as
- Administration
- Administrative receivership
- After the event (ATE) insurance
- Agreed contractual relationship
- Agreements made under statutory agreements
- Agreement to widen jurisdiction
- Alberta
- Ambit of Dispute
- Ambush
- Amec case
- Ancillary matters
- Any ground open allowed for defence
-
Appointment of adjudicator
- contract of appointment
- contract with neither party
- contracts between parties and adjudicators and nominating bodies
- contractual relationship between adjudicator and parties
- effect of jurisdictional challenge
-
generallyPage 622
- invalid
- joint and several liability
- non-compliance with statutory requirements
- statutory requirements
- unilateral appointments
- Approbation and reprobation
- Arbitration
- Architectural, design, or surveying work
- Arising under the contract
- Assignment
- At any time
- Australia
- Australian Capital Territory
- Background to Part II of the 1996 Act
-
Bias
- adjudicator's communications with parties
- adjudicator's participation in ‘without prejudice’ negotiations
- circumstances giving rise to
- impartiality in conduct of adjudication
- in summary
- receipt of evidence during negotiations
- risk of bias and consequences
- adjudicator's participation in experts’ discussions
- submission of ‘without prejudice’ material to adjudicator
- ‘without prejudice’ negotiations and communications
- Bouygues case
- Bresco v Lonsdale
- British Columbia
- Burden of proof in court proceedings
- Canada
- Carrying out or arranging for the carrying out of construction operations
- Centre for Effective Dispute Resolution (CEDR)
- Certificate
- Charging orders
- Claim
- Collateral warranty
- Commercial advantage and lever
- Communication of Decision
- Company voluntary arrangement
- Compromises
- Concurrent adjudications
- Concurrent court proceedings
- Conditional fee agreements (‘CFAs')
-
Conditional payment provisionsPage 623
-
Construction contracts. See also Construction operations
- agreements made under statutory agreements
- at common law and under statute
- categories of regulated by statute
- contract to conduct negotiations
- contracts and provisions not in writing
- development agreements
- excluded construction contracts and disapplication of Act
- finance agreements
- PFI agreements
- residential occupiers
- unregulated contracts
- Construction Industry Council (CIC)
-
Construction operations
- architectural, design, or surveying work, providing advice in relation to construction operations
- competing constructions as to extent of exemption
- different operations to a building or structure
- example of a structure
- examples of ‘narrow construction’
- exempted construction operations
- exempted construction operations relating to plant
- food and drink
- future work
- generally
- manufacture or delivery to site and installation
- part of the land
- power generation
- test for exemption
- Construction Supply Chain Payment Charter
- Consumer Code for Home Builders Adjudication Scheme
- Consumer contracts
- Contemporanea expositio est optima et fortissima in lege
-
Contractual adjudication
- Adjudication scheme for professional negligence claims
- American Institute of Architects (AIA) General Conditions
- Centre for Effective Dispute Resolution (CEDR)
- Construction Industry Council (CIC)
- Consumer Code for Home Builders Adjudication Scheme
- Dispute Adjudication Boards
- FIDIC Dispute Avoidance/Adjudication Boards
- GC works contracts
- ICC (ICE) adjudication provisions
- IChemE adjudication rules
- in Hong Kong
- in South Africa
- Institutional procedural rules
- in the United States
- introduction
- JCT adjudication provisions
- NEC 4 contracts
- Technology and Construction Bar Association (TECBAR)
- Technology and Construction Solicitors’ Association (TECSA)
- Correction of errors
- Costs in adjudication
- Costs on enforcement
- Cross claims
-
DecisionPage 624
- a decision is a ‘decision’
- binding if adjudication agreement not terminated?
- effect of
- effect of challenge to validity of
- formalities
- form of
- means of communication
- no lien on
- no stay for arbitration
- outside time limit
- relevance of planning cases
- primary objective of decision within time limit
- principle
- reasons absent or unintelligible
- reasons not required
- reasons to make clear all essential issues decided
- time for payment need not be specified
- time limit for
- time limit mandatory?
- tolerance of delay for a day or two
- Declaration of interest
- Declining to consider evidence
- Declining to consider late material
- Defence
- Deferment of adjudication
- Development agreements
- Discussions between parties
-
Dispute
- agreed contractual relationship
- ambit of
- ancillary matters
- any ground open allowed for defence
- arising under the contract
- concurrent adjudications
- cross claims
- defence not addressed by the parties
- due date for payment, significance of
- discussions between parties
- effect of Statutory Scheme
- meaning of ‘a dispute’
- more than one dispute
- one dispute and only one dispute
- origin of one dispute rule
- prevarication and procrastination
- rejection of a defence not a jurisdictional decision
- role of notice of adjudication
- same or substantially the same as one previously referred
- silence
- sustainability of one dispute rule
- Dispute Adjudication Boards
- East Coast Model
-
Enforcement
- abridgement of time
- approbation and reprobation
- costs
- defences to –23
- effect of challenge to decision
- effect of decision
- Europe
- ineffective defences to –6
- interest
- judgment in default
- methods of
- of judgment
- potential defences –9
- practice and procedure
- service out of the jurisdiction
- set-off
- severability of decision
- stay of execution
- summary judgment
- waiver, agreement and reservation
- England and Wales and Scotland
- Errors
- Evidence
-
Excluded construction contractsPage 625
-
Exempted construction operations
- architectural, design, or surveying work, providing advice in relation to construction operations
- competing constructions as to extent of exemption
- different operations to a building or structure
- example of a structure
- examples of ‘narrow construction’
- exempted construction operations
- exempted construction operations relating to plant
- food and drink
- generally
- need for reform?
- test for exemption
- Extensions of time and damages for delay
- Fees and expenses
-
FIDIC
- Dispute Avoidance/Adjudication Boards 9.11
- Finance agreements
- Food and drink
- Future work
- Hong Kong
- Human Rights Act
- Hybrid contracts
- ICC contracts
- IChemE contracts
- Insolvency
- Inspection
- Insurance
- Interest
- Isle of Man
- Issue estoppel
- JCT contracts
- Judicial review
- Jurisdiction
- Jurisdictional challenge
- Latham, Sir David
- Law of contract
- Lien
- Limitation
-
Manufacture or delivery to site and installationPage 626
- Meeting
- Malaysia
- Manitoba
-
Natural justice
- adjudicator's experience as advocate
- adjudicator obtaining legal advice
- adjudicator's own knowledge and experience
- approaches to two rules
- basic procedural principles
- consideration of evidence and law
- consideration of evidence under investigative jurisdiction
- constraints upon adjudicators
- declining to consider evidence
- declining to consider late material
- expressing preliminary view
- extensions of time
- failure to ask for further submissions
- failure to carry out site inspection
- failure to consider document
- failure to consider issue
- failure to hold meeting
- failure to warn of potential effect of absence of oral evidence
- failure to warn of potential effect of non-production of documents
- frolic of adjudicator's own
- having regard to a provision not relied upon by parties
- information from other sources
- necessity for material difference to outcome
- new issues and information
- no obligation to accept submission of one party or other
- ‘splitting the difference’
- summary of law in adjudication cases
- use of alternative approach
- use of witness statement not received by other party
- NEC 4 Contracts
- New Brunswick
- New South Wales
- New Zealand
- Nikko doctrine
- Nominating bodies
- Northern Ireland
-
Northern Territory
- adjudication in 7.2.18
- Notice of intention to refer
- Nova Scotia
- Partial compliance with statutory requirements
- Party
- Pay now, argue later
-
Payment
- adjudicator's jurisdiction in absence of certificate
- adjudicator's jurisdiction in relation to conditional payment
- amount of interim payment
- certificate a condition precedent
- certificates
- conditional payment provisions under the Act
- conditional payment provisions under the Statutory Scheme
- effect of non-compliance with requirements for payment notices
-
effect of company insolvencyPage 627
- effect of payee's insolvency
- hybrid contracts
- payee's notice where no payer's or specified person's notice
- payer or qualified person to give notice to payee
- payment in accordance with adjudication decision
- payment notices under the Act
- payment notices and notices of intention to pay less under the Statutory Scheme
- payment of notified sum and pay less notices
- payment of notified sum under the Act
- requirements for payment notices
- requirement for stage payments
- right to suspend performance for non-payment
- significance of due date for
- stage payments and dates for payment under the Statutory Scheme
- time for payment in decision
- timing and effect of pay less notices
- true value adjudication
- when payment becomes due
- withholding notices and pay less notices
- PFI agreements
- Plant
- Power generation
- Prevarication and procrastination
- Procedural requirements
- Recovery of sums paid
- Referral
- Referral Notice
- Repayment on final determination
- Republic of Ireland
- Repudiation of contract
- Reservation of position
- Res judicata
- Restraining adjudication
- Remuneration of adjudicator see Fees and expenses
- Right question
- Rule 4.90 of Insolvency Rules 1986 (rule 14.25 of Insolvency Rules 2016)
- Rules
- Saskatchewan
- Service out of the jurisdiction
- Set-off on enforcement
- Severability of decision
- Silence
- Singapore
-
‘Smash and grab’ adjudicationsPage 628
- South Australia
- Stage Payments
- Statutory demand
- Stay for arbitration
- Stay of execution on enforcement
- Stay of proceedings
- Structure
- Summary judgment
- Taking the initiative
-
Tasmania
- adjudication in 7.2.21
- Technology and Construction Bar Association (TECBAR)
- Technology and Construction Court
- Technology and Construction Solicitors’ Association (TECSA) rules
- Third Parties
- Time for payment under decision
- Time limit for decision
- True value adjudication
- ‘Under the contract'
- Unfair contract terms in consumer contracts
- Waiver, agreement and reservation of position
- West Coast Model
- Western Australia
- Winding-up petition
- Withdrawal of claim
- Withholding notices
- Wrong party