Statutory Adjudication

Construction Industry, Construction Law, Contract Administration, Statutory Adjudication

How should adjudicators deal with expert reports in Australia?

By Samer Skaik, Jeremy Coggins, Anthony Mills

Since its introduction in to Australia fifteen years ago, statutory adjudication has become increasingly used by parties seeking to recover payment claims which are large in amount and technically and legally complex in nature. This has inevitably led to the formalisation of the adjudication process with parties often submitting, amongst other documents, expert witness reports to support their arguments. The increase in documentation that an adjudicator must consider poses a threat to the integrity of the adjudicator’s determination. …

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Construction Law, Contract Administration, General Management, Statutory Adjudication

Adjudication is future of dispute resolution

By STUART JORDAN

The future is adjudication. Its benefits are being seen in more regions globally, and governments everywhere are enacting legislation for a mandatory right of adjudication in construction disputes.

Well, not quite everywhere.

In the Gulf region, we have not seen much take up of adjudication as is provided for in standard Fidic (Fédération Internationale des Ingénieurs-Conseils, French for International Federation of Consulting Engineers) contracts nor enactment of the statutory version. …

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Construction Industry, Construction Law, Contract Administration, Statutory Adjudication

Breaking up disputes

Adjudication is a procedure for resolving disputes without resorting to lengthy and expensive court procedure. It has become increasingly popular in construction contracts as a fast and efficient means of resolving disputes.

Adjudication is now a statutory requirement in Malaysia, and Qatar is considering making it mandatory for its World Cup projects. …

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Contract Administration, Statutory Adjudication

Implied Terms And Variations In Construction Contracts – Issues Arising From Recent Case Law

By Becky Johnson

Implied terms in construction contracts (or lack of) and instructions to vary works can cause problems for developers carrying out construction works. These issues were considered in two recent cases: Aspect Contracts (Asbestos) Limited v Higgins Construction Plc and MT Højgaard A/S v E.On Climate and Renewables UK Robin Rigg East Ltd.1

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Construction Law, Contract Administration, Project Management, Statutory Adjudication

Importance of contractor progress payment terms

It has been said that an army marches on its stomach. Contractors and subcontractors in the construction industry run on cash. Lord Denning many years ago made the oft repeated phrase that cash flow is the lifeblood of the construction industry and this sentiment is still relevant today. Estimators when preparing tenders usually concentrate on building profits into the price. Of equal importance is the amount of working capital required to fund the contract and the need to keep the amount to a minimum. The payment terms are therefore crucial to every contractor and subcontractor. Certification and payment should be the subject of careful strategy and planning. …

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