2.50
Hdl Handle:
http://hdl.handle.net/2436/620915
Title:
When statutes collide: potential recovery of own party adjudication costs
Authors:
Hetherton, Tony; Charlson, Jennifer
Abstract:
Purpose This research examines the potential recovery of own party adjudication costs under the Late Payment of Commercial Debts Regulations 2013. Design/methodology/approach The interaction between The Late Payment of Commercial Debts Regulations 2013 (derived from European Directive 2011/7/EU on combating late payment in commercial transactions) and the Local Democracy, Economic Development and Construction Act 2009 including reference to case law was explored. A qualitative research framework was used to collect primary data through semi-structured interviews with adjudication experienced construction industry professionals. Findings It was discovered that adjudicators are awarding own party costs under the Regulations but there was disagreement on the issues in both the literature and amongst the interviewees. Research limitations/ implications A definitive judgement is awaited from the Technology and Construction Court. Originality/ Value This paper will be of value to construction industry adjudication professionals.
Citation:
When statutes collide: potential recovery of own party adjudication costs 2015, 7 (3):214 International Journal of Law in the Built Environment
Publisher:
Emerald Group Publishing Limited
Journal:
International Journal of Law in the Built Environment
Issue Date:
12-Oct-2015
DOI:
10.1108/IJLBE-12-2014-0036
Additional Links:
http://www.emeraldinsight.com/doi/10.1108/IJLBE-12-2014-0036
Type:
Article
Language:
en
ISSN:
1756-1450
Appears in Collections:
Architecture and Product Design

Full metadata record

DC FieldValue Language
dc.contributor.authorHetherton, Tonyen
dc.contributor.authorCharlson, Jenniferen
dc.date.accessioned2017-11-29T09:33:09Z-
dc.date.available2017-11-29T09:33:09Z-
dc.date.issued2015-10-12-
dc.identifier.citationWhen statutes collide: potential recovery of own party adjudication costs 2015, 7 (3):214 International Journal of Law in the Built Environmenten
dc.identifier.issn1756-1450-
dc.identifier.doi10.1108/IJLBE-12-2014-0036-
dc.description.abstractPurpose This research examines the potential recovery of own party adjudication costs under the Late Payment of Commercial Debts Regulations 2013. Design/methodology/approach The interaction between The Late Payment of Commercial Debts Regulations 2013 (derived from European Directive 2011/7/EU on combating late payment in commercial transactions) and the Local Democracy, Economic Development and Construction Act 2009 including reference to case law was explored. A qualitative research framework was used to collect primary data through semi-structured interviews with adjudication experienced construction industry professionals. Findings It was discovered that adjudicators are awarding own party costs under the Regulations but there was disagreement on the issues in both the literature and amongst the interviewees. Research limitations/ implications A definitive judgement is awaited from the Technology and Construction Court. Originality/ Value This paper will be of value to construction industry adjudication professionals.en
dc.language.isoenen
dc.publisherEmerald Group Publishing Limiteden
dc.relation.urlhttp://www.emeraldinsight.com/doi/10.1108/IJLBE-12-2014-0036en
dc.rightsArchived with thanks to International Journal of Law in the Built Environmenten
dc.subjectadjudication costsen
dc.subjectLocal Democracyen
dc.subjectEconomic Development and Construction Act 2009en
dc.subjectThe Late Payment of Commercial Debts Regulations 2013en
dc.subjectstatutory interpretationen
dc.titleWhen statutes collide: potential recovery of own party adjudication costsen
dc.typeArticleen
dc.identifier.journalInternational Journal of Law in the Built Environmenten
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