Adr and Adjudication in Construction Disputes,9780632038176

Adr and Adjudication in Construction Disputes

by ;
Edition: 1st
ISBN13: 9780632038176
ISBN10: 0632038179
Format: Hardcover
Pub. Date: 1999-10-05
Publisher(s): Wiley-Blackwell
List Price: $204.74

Buy New

Usually Ships in 8 - 10 Business Days.
$204.72
Add to Cart

Rent Textbook

Select for Price
Add to Cart
There was a problem. Please try again later.

Used Textbook

We're Sorry
Sold Out

eTextbook

We're Sorry
Not Available

Buy from our Marketplace starting at $181.34

How Marketplace Works:

  • This item is offered by an independent seller and not shipped from our warehouse
  • Item details like edition and cover design may differ from our description; see seller's comments before ordering.
  • Sellers much confirm and ship within two business days; otherwise, the order will be cancelled and refunded.
  • Marketplace purchases cannot be returned to eCampus.com. Contact the seller directly for inquiries; if no response within two days, contact customer service.
  • Additional shipping costs apply to Marketplace purchases. Review shipping costs at checkout.

Summary

For some years there has been growing dissatisfaction with litigation and arbitration as a means of settling construction disputes, and increasingly parties have been turning to adjudication and alternative dispute resolution (ADR). This trend was given a major impetus by the introduction of the 1996 Housing Grants, Construction and Regeneration Act and the Scheme for Construction Contracts, which resulted in statutory adjudication being introduced in most of the main building and engineering standard forms. This book surveys the growth of ADR and looks in detail at the various methods: * adjudication and expert determination * mediation and conciliation * dispute review boards and disputes advisers * other forms, such as mini-trial and mediation-arbitration It discusses the Housing Grants, Construction and Regeneration Act and the Scheme for Construction Contracts, and their effect on adjudication and construction contracts considering both procedural and legal issues. It looks in detail at the adjudication clauses of all the main building and engineering contracts.

Author Biography

Peter Hibberd is the author of ADR and Adjudication in Construction Disputes, published by Wiley.

Table of Contents

Preface ix
List of Abbreviations
xiii
Construction Contracts: An Inevitable Source of Conflict?
1(15)
Conflict, claims and disputes
1(1)
The problem of profit
2(1)
The contract as an agreement and a means of redress
3(2)
Allocation of risk
5(1)
Standard forms of contract and their drafting
6(2)
Standard forms of contract and dispute resolution
8(1)
The procurement process and its management
8(2)
Is conflict inevitable?
10(2)
Using and alleviating conflict
12(4)
Arbitration and Litigation: A Tarnished Reputation
16(20)
Problems of traditional dispute resolution
16(5)
The challenge of ADR
21(2)
Can arbitration ever be simple?
23(3)
Arbitration rules
26(5)
When not to arbitrate
31(5)
The Growth of ADR in the United Kingdom, Australia and Hong Kong
36(21)
ADR in the UK
36(5)
ADR in Australia
41(5)
ADR in Hong Kong
46(11)
Mediation and Conciliation
57(31)
Definition
57(2)
Approaches to mediation
59(3)
The mediator
62(1)
Functions of a mediator
63(1)
Skills of a mediator
64(2)
Mediation agreement
66(1)
Mediation procedure
66(3)
Guidelines for mediation
69(5)
Progressing the mediation
74(2)
Types of dispute suited to mediation
76(3)
Circumstances where mediation may not work
79(2)
Advantages and disadvantages of mediation
81(3)
Conciliation schemes
84(4)
Adjudication and Expert Determination
88(17)
Adjudication
88(7)
The adjudicator
95(3)
Adjudication and expert determination clauses
98(7)
Dispute Review Boards and Dispute Advisers
105(10)
Dispute review board
105(4)
Dispute adviser
109(3)
Refinements to dispute review boards
112(3)
Other Forms of ADR
115(20)
The mini-trial
115(7)
Mediation-arbitration (MedArb)
122(9)
Rent-a-judge
131(1)
Other ADR techniques
132(3)
Practical and Legal Concerns in Using ADR to Resolve Disputes
135(16)
Practical concerns
135(5)
Legal concerns
140(11)
Adjudication and the `Construction' Act
151(19)
Legislation on construction contracts
151(1)
Housing Grants, Construction and Regeneration Act 1996
152(9)
Exclusion orders
161(1)
Approved Scheme for Construction Contracts
162(6)
Other matters related to the statutory need for adjudication provisions
168(2)
JCT Standard Forms of Building Contract and Associated Subcontract Forms
170(20)
Generally
170(1)
JCT Standard Form of Building Contract 1980 (JCT 80)
170(1)
JCT Standard Form of Building Contract With Cotractor's Design 1981 (JCT 81)
171(2)
Amendment 18 JCT Standard Form of Building Cotract 1980
173(6)
Amendment 12 JCT Standard Form of Building Contract With Contractor's Design 1981
179(1)
Amendment 12 JCT Intermediate Form of Building Contract 1984 Edition
180(1)
Amendment 11 Agreement for Minor Building Works 1980 Edition
181(1)
Subcontract forms of contract
181(3)
Subcontract forms of contract for nominated subcontractors
184(2)
Standard Form of Employer / Nominated Subcontractor Agreement NSC/W 1991 Edition
186(1)
NAM/SC subcontract conditions
186(1)
Standard Form of Subcontract for Domestic Subcontractors (DOM/1)
186(1)
DOM/1 1998 revision
187(3)
General Conditions of Government Contracts for Building and Civil Engineering Works
190(13)
Introduction
190(1)
Form GC/Works/ 1 Editions 1 and 2
190(1)
Form GC/Works/ 1 Edition 3 (Revised 1990)
190(4)
GC/Works/ 1 (1998)
194(8)
PSA/ 1
202(1)
Engineering Forms of Contracts
203(31)
ICE Conditions of Contract 6th Edition 1991
203(1)
ICE Conditions of Contract 6th Edition Revised 1998
204(3)
ICE Design and Construct Conditions of Contract 1992
207(1)
ICE Design and Construct Conditions of Contract Revised 1998
208(1)
ICE Conditions of Contract for Minor Works 2nd Edition 1995
208(1)
ICE Conditions of Contract for Minor Works 2nd Edition 1995 Revised 1998
209(1)
ICE Conciliation Procedure 1994
209(2)
ICE Adjudication Procedure 1997
211(5)
FIDIC Conditions of Contract for Works of Civil Engineering and Construction Fourth Edition 1987
216(2)
Supplement to Fourth Edition of FIDIC First Edition 1996
218(4)
FIDIC model terms of appointment for a dispute review board
222(2)
Procedural rules for a dispute review board
224(1)
IChemE Model Form of Conditions of Contract for Process, Plant, Lump Sum Contract, 1995
225(1)
The Red Book and the Housing Grants, Construction and Regeneration Act
225(1)
Reference to an expert
226(3)
Disputes
229(1)
Arbitration
230(1)
IChemE Yellow Book Subcontract 2nd Edition 1997
230(1)
IChemE Model Form of Conditions of Contract for Process Plant, Reimbursable Contracts, 1992
231(1)
IChemE expert procedures
231(3)
New Engineering Form of Contract and the Adjudicator's Contract
234(18)
Generally
234(1)
The consultative documents
234(1)
First edition
235(3)
Subcontract
238(1)
Engineering and Construction Contract
238(4)
Subcontract 2nd Edition
242(1)
NEC Engineering and Construction Contract and Subcontract Addendum 1998
243(1)
Addendum clause Y2.5
243(2)
The future
245(1)
NEC Adjudicator's Contract
246(5)
Professional Services Contract
251(1)
Model Rules for Adjudication
252(12)
Generally
252(1)
CIC Report on Appointment of Adjudicators
252(1)
CEDR Rules for Adjudication
253(2)
Rules of conduct
255(1)
CEDR mediation
256(1)
CIC Model Adjudication Procedure
257(2)
CIC Adjudication Advice Service
259(1)
ORSA Adjudication Rules (now TecSA rules)
259(5)
Appendix 1 264(3)
Australian Standard AS 2124-1992
264(1)
Australian Standard AS 4300-1995
265(2)
Appendix 2 267(5)
Extracts from Australian Department of Defence contracts
267(5)
Appendix 3 272(1)
Adjudicator Nominating Bodies
272(1)
Appendix 4 273(12)
The Secretary of State for Transport and Severn River Crossing pIc Concession Agreement
273(12)
Appendix 5 285(5)
The Woolf Reforms and the Civil Procedure Rules
285(5)
References 290(8)
Table of Cases 298(3)
Index 301

An electronic version of this book is available through VitalSource.

This book is viewable on PC, Mac, iPhone, iPad, iPod Touch, and most smartphones.

By purchasing, you will be able to view this book online, as well as download it, for the chosen number of days.

Digital License

You are licensing a digital product for a set duration. Durations are set forth in the product description, with "Lifetime" typically meaning five (5) years of online access and permanent download to a supported device. All licenses are non-transferable.

More details can be found here.

A downloadable version of this book is available through the eCampus Reader or compatible Adobe readers.

Applications are available on iOS, Android, PC, Mac, and Windows Mobile platforms.

Please view the compatibility matrix prior to purchase.