5.00
Hdl Handle:
http://hdl.handle.net/2436/565875
Title:
Early perceptions of allowing adjudication of oral contracts
Authors:
Charlson, Jennifer; Baldwin, Robert; Harrison, Jamie
Abstract:
The purpose of this paper is to consider the implications of the admission of oral contracts to statutory adjudication proceedings. A major criticism of the Housing Grants, Construction and Regeneration Act 1996 (“HGCRA 1996”) was that Section 107 required contracts to be “in writing” for the parties to be able to use statutory adjudication. In response, the Local Democracy, Economic Development and Construction Act 2009 repealed Section 107 of the HGCRA 1996. This paper considers the implications of the admission of oral contracts to statutory adjudication proceedings, whereby adjudicators’ may now have to determine the exact nature of oral agreements. The critical literature review has highlighted that there is a perceived risk that, by allowing oral contracts to be decided through adjudication, there could be an increased risk of injustice (as the adjudicator may have to decide oral testimony about contract formation). Adjudicators may now have to determine the exact nature of oral agreements. The critical literature review has highlighted that there is a perceived risk that by allowing oral contracts to be decided through adjudication there could be an increased risk of injustice (as the adjudicator may have to decide oral testimony about contract formation).
Citation:
Early perceptions of allowing adjudication of oral contracts 2014, 6 (3):233 International Journal of Law in the Built Environment
Publisher:
Emerald
Journal:
International Journal of Law in the Built Environment
Issue Date:
7-Oct-2014
URI:
http://hdl.handle.net/2436/565875
DOI:
10.1108/IJLBE-02-2013-0004
Additional Links:
http://www.emeraldinsight.com/doi/abs/10.1108/IJLBE-02-2013-0004
Type:
Article
Language:
en
ISSN:
1756-1450
Appears in Collections:
Construction and Infrastructure

Full metadata record

DC FieldValue Language
dc.contributor.authorCharlson, Jenniferen
dc.contributor.authorBaldwin, Roberten
dc.contributor.authorHarrison, Jamieen
dc.date.accessioned2015-08-11T14:26:16Zen
dc.date.available2015-08-11T14:26:16Zen
dc.date.issued2014-10-07en
dc.identifier.citationEarly perceptions of allowing adjudication of oral contracts 2014, 6 (3):233 International Journal of Law in the Built Environmenten
dc.identifier.issn1756-1450en
dc.identifier.doi10.1108/IJLBE-02-2013-0004en
dc.identifier.urihttp://hdl.handle.net/2436/565875en
dc.description.abstractThe purpose of this paper is to consider the implications of the admission of oral contracts to statutory adjudication proceedings. A major criticism of the Housing Grants, Construction and Regeneration Act 1996 (“HGCRA 1996”) was that Section 107 required contracts to be “in writing” for the parties to be able to use statutory adjudication. In response, the Local Democracy, Economic Development and Construction Act 2009 repealed Section 107 of the HGCRA 1996. This paper considers the implications of the admission of oral contracts to statutory adjudication proceedings, whereby adjudicators’ may now have to determine the exact nature of oral agreements. The critical literature review has highlighted that there is a perceived risk that, by allowing oral contracts to be decided through adjudication, there could be an increased risk of injustice (as the adjudicator may have to decide oral testimony about contract formation). Adjudicators may now have to determine the exact nature of oral agreements. The critical literature review has highlighted that there is a perceived risk that by allowing oral contracts to be decided through adjudication there could be an increased risk of injustice (as the adjudicator may have to decide oral testimony about contract formation).en
dc.language.isoenen
dc.publisherEmeralden
dc.relation.urlhttp://www.emeraldinsight.com/doi/abs/10.1108/IJLBE-02-2013-0004en
dc.rightsArchived with thanks to International Journal of Law in the Built Environmenten
dc.subjectAdjudicationen
dc.subjectDispute resolutionen
dc.subjectLocal democracyen
dc.subjectOral contractsen
dc.subjectEconomic Development and Construction Act 2009en
dc.subjectHousing grantsen
dc.subjectConstruction and regeneration act 1996en
dc.titleEarly perceptions of allowing adjudication of oral contractsen
dc.typeArticleen
dc.identifier.journalInternational Journal of Law in the Built Environmenten
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