FOR PRACTITIONERS AND ADJUDICATORS IN THE TECHNOLOGY AND CONSTRUCTION COURT An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
If now or in the future you are involved either as a practitioner or adjudicator in helping clients resolve expensive construction disputes -- or avoid them altogether -- you need this Handbook.
Recently published by the Oxford University Press, the ‘Construction Adjudication and Payments Handbook’ provides the guidance you need to navigate your way through complex adjudication and payment issues under the Housing Grants, Construction and Regeneration Act 1996 and subsequent legislation, including the Local Democracy Economic Development and Construction Act, extracts of which are noted in Appendix 1.
Writing in the Foreword, Akenhead J, Judge in charge of the Technology and Construction Court, points out that in the fifteen years since the 1996 legislation came into force, the courts have had to deal frequently with the enforceability of adjudicators’ decisions. ‘There is… virtually no part of the 1996 Act,’ he adds, ‘which has not been considered by the courts.’
The resulting reported cases thus accumulated are therefore brought together in this book, with each relevant topic discussed and supported by the appropriate reference to key cases, plus chronological tables and brief summaries of particular points of interest. What a time saver, especially when you need to be signposted in the direction of further topics for research, both on the Internet and in printed material!
Not only is this volume a useful guide to the adjudication process, it is also a tremendous help in the drafting of contracts. Considering the complexity of the material and the issues involved, the book should get full marks for its logical layout and general accessibility. There is both a table of contents and a detailed table of contents which certainly facilitates looking things up when you’re under pressure. Those involved in payment disputes will appreciate the in-depth examination of enforcement and enforceability, the core of the book in our view.
Written and compiled by four acknowledged experts whose experience and technical knowledge spans virtually all aspects of this field (including defence, energy and IT), the book also functions as a handy research resource. There are almost thirty pages of tables of cases and legislation, plus four appendices and a detailed index. Those involved in any aspect of adjudication within the construction industry, whether practitioners, adjudicators or students will find this book invaluable. The publication date is cited as at 2013.