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Construction Adjudication
- 1. 1
- 2. 2 Methods of Dispute Resolution Negotiation Conciliation Expert Witness Dispute Resolution Advisor (DRA) Contract Administrator’s Decision Expert Determination Mediation Med-Arb, Arb-Med, Arb-Med-Arb Adjudication Arbitration Litigation
- 3. 3 “a statutory dispute resolution method where an adjudicator is appointed and bound to reach a decision on a dispute referred to him/her by the parties in limited time, whose decision is binding unless and until the dispute is resolved by a judge or an arbitrator.” Construction Adjudication
- 4. 4 UK 1996 NSW, Australia 1999 Victoria, Australia 2002 New Zealand 2002 Western Australia 2004 Queensland, Australia 2004 Northern Australia 2004 Singapore 2004 South Australia 2009 Tasmania, Australia 2009 Australian Capital Territory, Australia 2009 Malaysia 2012 Ireland 2013 Hong Kong (2017 ??) Construction Act
- 5. 5 Construction Act 4. Other Features, Rules and Regulations Suspension or reduction of rate of progress of work Direct payment from principal Concurrent remedies Contingent Payment Default payment terms Regulations Rules and procedures 1. Scope and Pre-initiation Scope Pre-initiation of proceedings Rights to initiate proceedings 3. Jurisdiction and Powers Jurisdiction Adjudicator’s duties and obligations Adjudicator’s powers Adjudicator’s fees 2. Constitution and Conduct of Procedure Appointment of adjudicator Timetable Effect of adjudication decision Conditions to set aside Costs award The Legislation
- 6. 6 Scope and Pre-initiation • Scope and Exclusion • Pre-initiation procedure • Right to initiate proceedings
- 7. 7 Appointment and Procedure • Appointment • Timetable • Effect of adjudication decision • Conditions to set aside • Costs award
- 8. 8
- 9. 9 Jurisdiction and Power • Jurisdiction • Duties and obligations • Adjudicator’s powers • Set procedure, discovery of document • Set deadlines • Draw on own knowledge and expertise • Appoint expert, convene Meetings/Hearings • Etc… • Adjudicator’s fees
- 10. 10 Other Features • Suspension and reduction of progress rate • Direct payment from principal • Contingent payment • Default payment terms
- 11. 11 Rules and Regulations • Regulations • Rules and procedures
- 12. 12 Thank You!