Coulson on Construction Adjudication

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.

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