Adjudication in Construction Contracts

Adjudication has been the main means of settling construction disputes since it was first introduced by the Housing Grants, Construction and Regeneration Act 1996, and a substantial body of case law has now built up. This book established itself as the key authority on adjudication when it was first published. It has now been revised to reflect the authors' experience of adjudication in practice and to cover the large number of court decisions. It features useful appendices on adjudication materials.

Since it came into force on 31 January 1997 the Arbitration Act 1996 has generally been welcomed by users and practitioners in the construction industry. It has fulfilled expectations that it would provide a user-friendly and practical basis of resolving disputes arising from construction contracts in a fair, expeditious and economical way. In doing so it has generated a modest volume of case law that has demonstrated the excellence of the Act's provisions and its drafting. Since the Fourth Edition of this book appeared in 1997 the Housing Grants, Construction and Regeneration Act 1996 with its Scheme for Construction Contracts Regulations 1998 have come into force, as have the Civil Procedure Rules 1998, both of which affect the resolution of disputes arising from construction contracts. Case law has arisen from the Construction Act, and from the House of Lords' judgment in the Beaufort Developments case, overturning the much-criticised judgment of the Court of Appeal in Crouch. In this Fifth Edition of an established text the author deals with each stage of an arbitration, explaining in practical terms the procedures to be adopted in avoiding disputes and in dealing with them efficiently when they do arise. It features over 20 specimen arbitration documents and includes the full text of the Act. It also covers several important developments in case law affecting construction arbitrations, and refers to the introduction and case law arising from adjudication under the Housing Grants, Construction and Regeneration Act 1996.

The most significant unanticipated costs on many construction projects are the financial impacts associated with delay and disruption to the works. Assessing these, and establishing a causal link from each delay event to its effect, contractual liability and the damages experienced as a direct result of each event, can be difficult and complex. This book is a practical guide to the process of delay analysis and includes an in-depth review of the primary methods of delay analysis, together with the assumptions that underlie the precise calculations required in any quantitative delay analysis. The techniques discussed can be used on projects of any size, under all forms of construction contract, both domestic and international. The authors discuss not only delay analysis techniques, but also their appropriateness under given circumstances, demonstrating how combined approaches may be applied where necessary. They also consider problematic issues including ‘who owns the float’, concurrent delay, early completion programmes, and disruption. The book has been brought fully up to date, including references to the latest publications from the CIOB, AACEI and SCL, as well as current case law. Broad in scope, the book discusses the different delay analysis approaches likely to be encountered on national and international projects, and features practical worked examples and case studies demonstrating the techniques commonly used by experienced practitioners. This is an invaluable resource to programmers and schedulers, delay analysts, contractors, architects, engineers and surveyors. It will also be of interest to clients’ professional advisors managing extension of time or delay claims, as well as construction lawyers who require a better understanding of the underlying assumptions on which many quantitative delay analyses are based. Reviews of First Edition «John Keane and Anthony Caletka are pukka analysts in that tricky area of delays, programming and extension of time. I highly recommend their book Delay Analysis in Construction Contracts. Buy the book.» (Building Magazine, February 2009) «The book′s stated purpose is to provide a practical guide for those interested in schedule delay analysis. It provides a good in–depth review of the most common delay analysis techniques.... An excellent book, full of practical tips for the reader and very timely in its publication. It is well worth the cost and a good read for anyone involved in schedule delay analysis.» (Cost Engineering, February 2009) It achieves in spades its stated aim of being a practical guide for contractors, contract administrators, programmers and delay analysts, as well as construction lawyers who require a better understanding of the underlying assumptions on which many quantitative delay analyses are based. (Construction Law Journal, 2009)

In the United Kingdom, adjudication is available as a right for parties to a construction contract, following the enactment of the Housing Grants Construction and Regeneration Act 1996. In general, within a comparatively short period of time, parties in dispute will have a decision from an adjudicator, which, except in limited circumstances, the courts will enforce. Adjudication has become the number one method of dispute resolution in the construction industry. The short timescale means that a party needs to know what to do, when to do it and be able to check that the other party and the adjudicator are following the right steps. A Practical Guide to Construction Adjudication gives parties the necessary information to achieve this. It provides a straightforward overview of the process and procedure of adjudication by reference to legislation and case law, augmented with practical guidance including suggestions on what to do or not to do, drafting tips and checklists. Separate chapters for Scotland and Northern Ireland identify and explain the differences in procedure and judicial interpretation between those jurisdictions and England and Wales, and further detailed explanations of the adjudication regimes in Australia, Ireland, Malaysia, New Zealand and Singapore are included. Each of the chapters on jurisdictions outside England and Wales has been written by senior experts in those jurisdictions to ensure the content is accurate and insightful. There are a range of helpful appendices including a bank of model form adjudication documents and tabulated detailed comparisons of the Scheme for Construction Contracts, the other major adjudication rules, the major adjudicator nominating bodies and the UK and international regimes. Readers will particularly appreciate the most comprehensive index of adjudication cases available, sorted into 260 subject headings providing immediate access to all the reported cases on any adjudication topic.

Many large construction projects, such as those in the Middle East or Asia Pacific, are international in scope with a range of contractors and subcontractors signing contracts for delivery of specified work or services. The contractual situation in these instances may be complex and potentially includes a range of standard and bespoke contractual arrangements. In addition, the parties to these contracts may be based in different parts of the world, and are often working to different legal systems and understandings. This can lead to confusion in the understanding, interpretation and execution of a given contract. International Construction Contracts provides concise and practical guidance to those involved in the negotiation and management of international construction and engineering contracts. It sets out in clear, straightforward language the main features of construction contracts and international dispute resolution procedures. It ensures the reader is aware of the issues that might arise on the contractual side of their project so that they may better protect their party's interests. Many of the features and points discussed are illustrated by reference to the popular FIDIC contracts and the book includes a commentary on the two most widely used FIDIC design-build forms, the Yellow and Silver Books. Also included in the book is a fully worked example of a typical ICC arbitration from start to finish, with «pleadings», a detailed case narrative and commentary on events, and an example arbitration award. The ICC and SIAC arbitration rules are also provided. Written for construction professionals, the book will be of great interest to engineers, architects, project managers, quantity surveyors, contract managers and contract administrators working on international projects.

Existing books on construction adjudication have either been written as an introduction to the subject when the Housing Grants, Construction and Regeneration Act was first introduced in 1996, or they are aimed at professionals representing parties or at adjudicators themselves. In contrast, this book has been written for the parties to adjudication, particularly those new to the process. It takes a straightforward, practical approach to the subject, dealing with the process step-by-step. The first part takes a party who is referring a dispute through the stages of the adjudication process, including the presentation of a referral submission, to the enforcement of an award. Part 2 examines the position of a party faced with adjudication, highlighting the various actions necessary to protect its interest, and explains how a decision can be challenged. Part 3 looks at matters of common interest. Statutory payment provisions and the Scheme for Construction Contracts are dealt with in Part 4, and Part 5 compares the most frequently used adjudication provisions and procedures. Appendices include an alphabetical list of 139 adjudication cases which are also categorised to show the aspect or aspects with which they are principally concerned.

This is the first post-Egan book to look at benchmarking and KPIs (key performance indicators) in the construction industry. Benchmarking is one of the key management techniques the construction industry now needs to adopt if it is to meet challenging new efficiency and productivity targets as well as clients' demands for best value. Contracts are increasingly being awarded only to contractors who can demonstrate the lean construction practices that come with benchmarking. This authoritative and accessible book: * clarifies the thinking behind benchmarking and why firms must now adopt it *shows how to set up effective benchmarking *explains the theoretical background and offers clear, practical guidance *demonstrates best practice though reference to case studies. There are nine case studies describing the use of KPIs and the application of the EFQM excellence model – including contributions from Morrison and John Mowlem The author Steve McCabe is senior lecturer in the School of Property and Construction at the University of Central England in Birmingham. He has conducted extensive research in quality improvement techniques and benchmarking and has wide experience in industry with a number of contractors and within the local authority sector.

The latest research is presented here on both contractual and conceptual collaborative practices in construction. The editors identify common problems faced by the industry and draw out practical implications. Construction projects are increasingly run in ways that challenge the traditional boundary of the firm – and sometimes also the definition of the project coalition and programme management. And all this in the context of construction firms whose clients demand ever increasing performance improvements and who also want to improve their strategies for greater collaboration to give themselves competitive advantage. In Collaborative Relationships in Construction the editors identify three main themes: collaborative relationships, operating both in frameworks and within networks of contacts, e.g. relational contracting in partnering, supply chain management and other procurement-driven initiatives. The second theme is frameworks, both contractual frameworks binding parties together over a series of contracts, and conceptual frameworks used to develop future performance improvement arising from the proactive strategies of firms. The third theme is the network of relationships that supports individuals and firms within the project coalition in delivering services and adding value to improve performance. These networks define the investment and incentives supporting the inter-firm and intra-firm relationships, as well as the formal contractual conditions through which such incentives flow. Networks of information exchange define the structure of the activity and help predict organisational configurations for successful project outcomes. The book probes the corporate entities of both client and contractor organisations, analysing new ways of working to encourage the move towards more collaborative practices in the construction industry.

With a number of disparate, often geographically distributed, organisations involved in the delivery of construction projects, there has been considerable interest in e-business tools within the construction industry. These tools open up a range of possibilities for the industry to rethink existing processes and working methods, so their use is increasingly common. Nevertheless, there has been little definitive guidance for practitioners, researchers and students on the major issues in electronic business from a construction perspective. By bringing together 16 contributions from research and industry covering theory, technological issues, practical implementation and legal matters, and illustrated with a number of case studies, e-Business in Construction fills that gap. Starting with the theoretical aspects of e-commerce and moving on to consider the specifics of the construction context, it includes a mechanism for the assessment of the e-readiness of construction sector organisations. The middle part of the book focuses on the role of various technologies in e-business, with examples included as appropriate. This is followed by a discussion of practical, legal and trust issues. The potential of next generation of information and communication technologies is also addressed. With a fine blend of theoretical and practical aspects of e-commerce in construction, and well illustrated with a number of industrial case studies, e-Business in Construction will find an appreciative audience of construction practitioners, researchers and students at all levels.

This book reviews the general theory of strategy, relates it to the particular circumstances of the construction industry, and shows how it can be applied in practice. It brings together ideas from economics, marketing, management, business and politics to develop strategic management for both contractors' firms and the associated professions. Substantial changes have occurred in the industry since the book was first published in 1991. This Second Edition reflects the major developments that have followed the Latham and Egan reports, and includes new chapters on international strategy and marketing, showing how they can contribute to the strategic planning of construction organizations. The book will provide a valuable tool for the strategic development of construction firms. «Ten years separate the editions during which period a significant number of British, (and other), construction firms which had survived generations of proprietors merged, changed beyond recognition or ceased trading. One can not but wonder if publication of a work on strategic planning some twenty year earlier might have saved some of them.» Construction Manager «The book presents the essential elements for managing at this higher level and should be a must for any construction professional who aspires to an executive position in industry as well as any student for construction management, project management and organizational management in construction. It comes highly recommended» Engineering, Construction and Architectural Management