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Insolvency and resolution of construction contract disputes by adjudication in the UK construction industry
2.50
- Hdl Handle:
- http://hdl.handle.net/2436/29344
- Title:
- Insolvency and resolution of construction contract disputes by adjudication in the UK construction industry
- Authors:
- Abstract:
- The Housing Grants, Construction and Regeneration Act 1996 provides that a party to a construction contract has a right, at any time, to refer any dispute under the contract for adjudication. This resolution method requires a neutral third party, the adjudicator, to determine the dispute within 28 days after receipt of the referral regardless of the complexity of the issues in dispute. The decision is to be implemented even if it is palpably wrong in fact or law. A key assumption of this legislation is that any mistakes made by an adjudicator can be corrected by reference of the same to litigation or arbitration. It is a major concern that restoration of the parties to their correct positions may become impossible where, after implementation of an adjudicator's mistaken decision, the beneficiary of the decision becomes insolvent. This article is a critical review of all the cases in which the courts have dealt with the effect of insolvency on the right to adjudicate and the enforceability of adjudicators' decisions. Two main conclusions are derived from the review. First, the court may decline to enforce an adjudicator's payment decision where there is strong evidence that, on account of formal insolvency, the payee would be unable to make repayment if final resolution of the dispute necessitates it. Second, the only exception so far to the general right to refer to adjudication arises where the other party is in administration. (Taylor & Francis)
- Citation:
- Construction Management and Economics, 23(4): 399-408
- Publisher:
- Journal:
- Issue Date:
- 2005
- URI:
- http://hdl.handle.net/2436/29344
- DOI:
- 10.1080/0144619042000326747
- Additional Links:
- http://www.informaworld.com/smpp/content~content=a714023029~db=all~order=page
- Type:
- Article
- Language:
- en
- Description:
- This study was carried out in collaboration with Fenwick Elliott, an international construction law practice.
- ISSN:
- 01446193; 1466433X
- Appears in Collections:
- Construction and Infrastructure
Full metadata record
DC Field | Value | Language |
---|---|---|
dc.contributor.author | Ndekugri, Issaka E. | - |
dc.contributor.author | Russell, Victoria | - |
dc.date.accessioned | 2008-06-02T15:19:52Z | - |
dc.date.available | 2008-06-02T15:19:52Z | - |
dc.date.issued | 2005 | - |
dc.identifier.citation | Construction Management and Economics, 23(4): 399-408 | en |
dc.identifier.issn | 01446193 | - |
dc.identifier.issn | 1466433X | - |
dc.identifier.doi | 10.1080/0144619042000326747 | - |
dc.identifier.uri | http://hdl.handle.net/2436/29344 | - |
dc.description | This study was carried out in collaboration with Fenwick Elliott, an international construction law practice. | en |
dc.description.abstract | The Housing Grants, Construction and Regeneration Act 1996 provides that a party to a construction contract has a right, at any time, to refer any dispute under the contract for adjudication. This resolution method requires a neutral third party, the adjudicator, to determine the dispute within 28 days after receipt of the referral regardless of the complexity of the issues in dispute. The decision is to be implemented even if it is palpably wrong in fact or law. A key assumption of this legislation is that any mistakes made by an adjudicator can be corrected by reference of the same to litigation or arbitration. It is a major concern that restoration of the parties to their correct positions may become impossible where, after implementation of an adjudicator's mistaken decision, the beneficiary of the decision becomes insolvent. This article is a critical review of all the cases in which the courts have dealt with the effect of insolvency on the right to adjudicate and the enforceability of adjudicators' decisions. Two main conclusions are derived from the review. First, the court may decline to enforce an adjudicator's payment decision where there is strong evidence that, on account of formal insolvency, the payee would be unable to make repayment if final resolution of the dispute necessitates it. Second, the only exception so far to the general right to refer to adjudication arises where the other party is in administration. (Taylor & Francis) | en |
dc.language.iso | en | en |
dc.publisher | Taylor & Francis | en |
dc.relation.url | http://www.informaworld.com/smpp/content~content=a714023029~db=all~order=page | en |
dc.subject | Housing Grants, Construction and Regeneration Act 1996 | en |
dc.subject | Construction contracts | en |
dc.subject | Construction law | en |
dc.subject | UK | en |
dc.subject | Adjudication | en |
dc.subject | Dispute resolution | en |
dc.subject | Insolvency | en |
dc.subject | Contract delay and disruption | en |
dc.title | Insolvency and resolution of construction contract disputes by adjudication in the UK construction industry | en |
dc.type | Article | en |
dc.identifier.journal | Construction Management and Economics | en |
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