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AD HOC REFERENCES AND ADJUDICATIONS OUTSIDE THE ACT (1) Ad Hoc References to Adjudications 5.01 Express Agreements to Confer Jurisdiction 5.07 Implied Agreements to Confer Jurisdiction 5.08 Objecting and Reserving the Right to Object 5.09 No Conferral of Jurisdiction where Continued Jurisdiction Objection 5.14 General Reservations 5.16 Key Cases: Ad . . . Read more
STAYING ENFORCEMENT (1) Introduction 8.01 (2) Stay of Execution of Enforcement Order on Grounds of Impecuniosity 8.05 Insolvency Rules 8.06 Principles of Stay of Execution 8.10 Types of Financial Hardship 8.12 Evidencing the Impecuniosity 8.16 Circumstances in which a Stay Is Unlikely to Be Granted 8.20 Key Cases: Stay of . . . Read more
SECTION 107 AND THE REQUIREMENT FOR WRITING (1) The 1996 Act and the 2009 Act 2.01 Relevance of s. 107 to Contracts with Written Submissions Adjudication Agreements 2.08 (2) Section 107 and the Requirement for Writing 2.09 Section 107(2): What Constitutes an Agreement in Writing? 2.10 What Is Writing? 2.11 . . . Read more
THE STATUTORY SCHEME (1) Introduction 4.01 When Does the Scheme Apply? 4.03 Changes Introduced by the 2009 Act 4.06 (2) Starting the Adjudication: Scheme Paragraph 1 4.09 The Notice of Adjudication 4.09 Key Case: Notice of Adjudication 4.16 A Single Dispute 4.18 Additional Disputes and Additional Parties 4.21 Notice at . . . Read more
SECTIONS 110(1) AND 111: PAYMENT AND WITHHOLDING NOTICES UNDER THE 1996 ACT (1) Overview 13.01 Introduction and Summary 13.01 (2) Payment Notices under s. 110(2) 13.04 Introduction 13.04 Section 110(2): Fall-back Application of the Scheme 13.09 Section 110(2): Payment Notices Required even where Payment Is Zero 13.10 Can a Third . . . Read more
CONSTRUCTION CONTRACTS AND CONSTRUCTION OPERATIONS (1) The 1996 and 2009 Acts 1.01 (2) What Is a Construction Contract? 1.03 Contracts Affected by the 1996 Act 1.06 Contracts Affected by the 2009 Act 1.08 Changes to Existing Contracts after Commencement of the Act 1.09 Construction Operations in Qualifying Territory 1.10 Crown . . . Read more
SECTIONS 109 AND 110(1): INTERIM AND FINAL PAYMENTS (1) Overview 12.01 Introduction and Summary 12.01 (2) The Right to Interim Payment under s. 109 12.04 Introduction 12.04 Duration of Work More than 45 Days 12.07 (3) Section 110(1): Providing an ‘Adequate Mechanism’ 12.12 Introduction 12.12 What Constitutes an ‘Adequate Mechanism’? . . . Read more
CHALLENGES BASED ON BIAS AND PREDETERMINATION (1) The Principles of Bias and Predetermination 11.01 Actual and Apparent Bias 11.01 The ‘Fair-minded and Informed Observer’ Test 11.03 Evidence from the Adjudicator 11.08 Bias and Natural Justice 11.10 Predetermination 11.12 (2) Possible Grounds for Challenge Based on Bias or Predetermination 11.13 Prior . . . Read more
NOTICES, RECKONING OF TIME, AND APPLICATION TO THE CROWN (1) Summary: ss. 115–17 of the Act 17.01 (2) Section 115: Service of Notices etc. 17.03 Service of Notices by an Agreed Method of Service: s. 115(1) 17.04 Service of Notices in the Absence of an Agreed Method of Service 17.08 . . . Read more