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CHAPTER 3 Design disputes and liability Design professionals Historically, the responsibility for design, and any disputes that subsequently arose, was that of either the architect or the engineer. Today, however, design liability can attach to an architect, an engineer, builders and their subcontractors, and can sometimes revert to the employer . . . Read more
CHAPTER 1 Introduction to construction disputes Applicable principles of law Construction by its very nature is a complex undertaking involving numerous trades and disciplines all working under what is usually a “tight budget” and with time constraints for completion – all of which lead to the possibility of conflict and . . . Read more
ENFORCEMENT (1) Overview 7.01 (2) General Principles of Enforcement 7.03 Valid Decisions Should Be Summarily Enforced 7.03 Errors of Fact and/or Law: Answering the Right Question the Wrong Way 7.05 Challenges Based on Excess Jurisdiction or Breach of Natural Justice 7.08 Fraud 7.09 Reservation of Position 7.10 Enforcement of Non-pecuniary . . . Read more
CHALLENGES BASED ON BREACH OF NATURAL JUSTICE (1) Summary of Challenges Based on Breach of Natural Justice 10.01 (2) General Principles of Natural Justice 10.02 Materiality of Breach 10.07 Adjudicators’ Decisions Should Generally Be Enforced 10.10 The Adjudicator’s Conduct Is Key 10.12 Impact of the Human Rights Act 1998 10.13 . . . Read more
JURISDICTIONAL CHALLENGES (1) General Principles 9.01 Source and Nature of the Adjudicator’s Jurisdiction 9.01 Jurisdiction to Consider any Available Defences Raised 9.07 Expanding the Adjudicator’s Jurisdiction During the Adjudication 9.09 Adjudicator’s Investigation of Jurisdiction 9.11 Reservation of Rights 9.14 (2) Matters Giving Rise to Jurisdictional Challenge 9.16 No Jurisdiction at . . . Read more
EFFECT OF AN ADJUDICATOR’S DECISION (1) Overview 6.01 (2) General Effects of an Adjudicator’s Decision 6.02 Private between the Parties 6.03 Temporarily Binding until Final Determination 6.05 Time for Compliance 6.08 Final Determination 6.11 Finality by Agreement 6.16 Contractual Finality Provisions 6.19 Effect of the Decision in Subsequent Adjudications 6.24 . . . Read more
SECTION 108 AND THE RIGHT TO ADJUDICATE (1) Introduction 3.01 Changes Made by the 2009 Act 3.05 (2) Issues Arising Out of s. 108(1) 3.07 Disputes Arising under the Contract 3.10 Side Agreements 3.15 Dispute under More than One Contract 3.16 Identity of Contracting Party 3.20 Contract Formation 3.21 Incorporation . . . Read more