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Sections 109 and 110(1): Interim and Final Payments

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

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

Sections 113 and 110(1): Conditional Payment Clauses

SECTIONS 113 AND 110(1): CONDITIONAL PAYMENT CLAUSES (1) Overview 16.01 Introduction and Summary 16.01 (2) What Types of Provision Are Prohibited? 16.02 Pay-when-Paid Clauses under the 1996 Act 16.02 Conditional Payment Clauses under the 1996 Act 16.04 Conditional Payment Clauses under UCTA 16.10 Conditional Payment Clauses under the 2009 Act . . . Read more

Section 112: Suspending Performance

SECTION 112: SUSPENDING PERFORMANCE (1) Overview 15.01 Introduction and Summary 15.01 (2) The Statutory Right to Suspend Performance 15.02 The Introduction of a Statutory Right to Suspend Performance 15.02 Supplemental to Other Rights 15.05 The 2009 Act Amendments 15.07 (3) Suspending Performance 15.08 What Is Required for the Right to . . . Read more


Chapter 20United States of America Introduction The American Institute of Architects (AIA) A201–2007: Provisions, weaknesses and possible improvement The Initial Decision Maker (IDM) The procedure relating to claims The scope of the IDM’s jurisdiction The initial decision Enforcement Additional remarks Mediation Arbitration Consolidation The involvement of the American Arbitration Association . . . Read more


Chapter 19South Africa Introduction Contractual provisions prescribing adjudication The Principal Building Agreement Enforcement of adjudicators’ decisions The institutional and legislative framework for adjudication Towards statutory adjudication: The Prompt Payment and Adjudication Regulation Conclusion Introduction “Adjudication has found acceptance in the SA construction industry”,1 but “still has some way to go . . . Read more