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详细
This fourth edition of Sir Peter Coulson's highly regarded work on construction adjudication, widely considered to be the leading authority in the field, continues to provide comprehensive analysis of the law and practice of adjudication in construction and engineering disputes.
Thoroughly revised with reference to over 80 new adjudication cases, the new edition of this popular title also provides an analysis of the increase in 'smash and grab' payment claims brought by contractors based on the procedural omissions of the employer. The book has also expanded to cover developments in the Technology and Construction Court's (TCC) practice and procedure for dealing with 'smash and grab' claims, and includes practical guidance from the TCC and Commercial Court as to the necessary ethical principles to be adopted by adjudicators.
This work is the definitive guide to the law and practice of construction adjudication, making it an essential reference work for all those involved with construction law.
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PART I: 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 II: OTHER FORMS OF ADJUDICATION
5: Contractual Adjudication
6: Ad hoc adjudication
PART III: THE ADJUDICATOR>'S JURISDICTION
7: General Principles
8: Errors of fact and law
9: Abatement and set off
10: Costs and fees
PART IV: FAIRNESS AND NATURAL JUSTICE
11: General Principles
12: Fairness
PART V: ENFORCEMENT
13: The status and effect of an adjudicator s decision
14: Principles of Enforcement
15: Adjudication business in the TCC
16: Stay of execution
PART V: A PRACTICAL GUIDE TO ADJUDICATION
17: Commencing an adjudication
18: The adjudication itself
19: The adjudicator s decision
20: The decision
Appendices
A. Part II of the Housing Grants, Construction and Regeneration Act 1996
B Statutory Instrument 1998 No. 648
C. Statutory Instrument 1998 No 649
D. Draft Directions in Adjudication Enforcement Proceedings
E. Part 8 of the Local Democracy, Economic Development and Construction Act 2009
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Mr Justice Coulson was a member of Keating Chambers, one of the two specialist construction sets, from 1984, and took Silk in 2001. He is a Bencher of Gray's Inn. He was appointed as a Senior Circuit Judge in the TCC in 2004 and became a High Court Judge in 2007. He is also the author of The Technology and Construction Court (Sweet & Maxwell), as well as of the chapter on architects, engineers and quantity surveyors in Professional Negligence and Liability (LLP). He is currently Presiding Judge of the North Eastern Circuit.
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Review(s) from previous edition
"You can't take part in the business of adjudication in building construction cases without this book ... [it] has real authority and experience. - Tony Bingham, Building
Review(s) from previous edition
"Anyone ... interested in construction and adjudication should not only have this book on their shelf, but should also ensure that they read it. - Nicholas Gould, Civil Engineering Surveyor
Review(s) from previous edition
"All construction professionals who come into contact with "adjudication" should have this book to hand, as it provides an excellent insight into the adjudication process, and specifically adjudication case law. - Edward J Fulton MEQS, on Amazon.co.uk
"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