Coulson on Construction Adjudication, 2nd Edition

Author: Peter Coulson
Publisher: Oxford University Press
ISBN: 9780199597222
Published In: March 2011
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

Description
Contents
Author
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The only complete guide to the cases and principles relating to construction adjudication
Provides authoritative commentary by a High Court judge sitting in the Technology and Construction Court
Extensively revised and updated to analyse the plethora of new cases decided since the previous edition
Provides comprehensive coverage of the construction provisions in the Local Democracy, Economic Development and Construction Act 2009
Includes new material on fairness and natural justice
Contains practical material on adjudication, including an updated chapter on the principles of enforcement, which provides a checklist of the most important points and cases
New to this edition

Covers the important amendments to the Housing Grants, Construction and Regeneration Act 1996 introduced by the Local Democracy, Economic Development, and Construction Act 2009
Contains coverage of the large number of new cases that have been decided since the publication of the first edition in December 2007
Contains expanded practical material on adjudication, including new material on the decision in adjudication enforcement cases
The first edition of Construction Adjudication was the first book to deal comprehensively with the law and practice of adjudication in construction and engineering disputes. Written by a High Court judge sitting in the Technology and Construction Court, this new edition of Coulson on Construction Adjudication provides a definitive up-to-date text, invaluable to all involved in the adjudication process.

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 are decided in 28 days by an adjudicator, whose decision then remains binding and enforceable, unless and until it is challenged in court or arbitration. Since the first edition of this book, there has been an explosion in the number of these adjudication cases before the courts in which significant principles have been refined. The Local Democracy, Economic Development, and Construction Act 2009 has also introduced important amendments to the Act and to adjudication, including abolition of the requirement for construction contracts to be in writing; new powers for the adjudicator to make corrections; changes to liability for the adjudicator's costs; and changes to the payment regime. The new edition of this established and popular text has been painstakingly revised to provide comprehensive coverage of these new legislative changes, as well as to analyze the wealth of decisions under clear headings, explaining the scope and limits of an adjudicator's decision.

Containing new material on the principles of fairness and natural justice which have been key to many adjudication enforcement decisions, this new edition also contains an expanded section offering practical advice to parties and to adjudicators as to how they can ensure a successful adjudication, and includes new material on the decision.

Readership: Primary market: solicitors and barristers specializing in construction law. Secondary market: construction professionals involved in the adjudication process, whether as advisors or as adjudicators.

Part 1: Statutory Adjudication
1: The Latham Report and its Aftermath
2: Part II of the Housing Grants, Construction and Regeneration Act 1996
3: The Statutory Scheme
4: The Local Democracy, Economic Development and Construction Act 2009
Part 2: Other Forms of Adjudication
5: Contractual Adjudication
6: Ad Hoc Adjudication
Part 3: The Adjudicator's Jurisdiction
7: General Principles
8: Errors of Law and Fact
9: Abatement and Set-Off
10: Costs and Fees
Part 4: Natural Justice
11: General Principles
12: Bias
13: A Fair Hearing
Part 5: Enforcement
14: The Status and Effect of an Adjudicator's Decision
15: Principles of Enforcement
16: Adjudication Business in the TCC
17: Stay of Execution
Part 6: A Practical Guide to Adjudication
18: Commencing an Adjudication
19: The Adjudication Itself
20: The Adjudicator's Decision
Appendices

Peter Coulson, A Justice of the High Court, Queen's Bench Division, Bencher of Gray's Inn

The Honourable Sir Peter Coulson was appointed a Senior Circuit Judge in 2004, and became a High Court Judge in 2007. He sits in the Technology and Construction Court in London. Prior to that he 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.

"We needed this second edition not only because we now have 475 judgements, but because adjudication has moved on. Peter Coulson's book will tell you all you need to know about adjudication and where we are today." - Tony Bingham, Building

"Both learned and lucid, this edition is an easy to read, easy to use guide that will undoubtedly help you cut through the complexities and complications of thsi often vexed area of law." - Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers .