Contractors come out stronger in UK courts
Winter, J
Contractors come out stronger in UK courts - 2001 - Construction News (6737) 11 October 2001, 56(1) .
Compares the UK Construction Act 1996 with the New South Wales, Australia Building and Construction Industry Security of Payment Act 1999 with regards to construction contracts. Discusses the payment and adjudication provisions in each act. While the UK Construction Act seems to provide greater protection for contractors and sub-contractors and allows any dispute to be resolved by adjudication, the Security of Payment Act is more favourable to the paying party and only allows disputes about payment to go to adjudication. Concludes that contractors come out better in the UK Construction Act, but acknowledges that the Security of Payment Act has limited experience to date.
SCHEME FOR CONSTRUCTION
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
AUSTRALIA
NEW SOUTH WALES
BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999
DISPUTE RESOLUTION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
PAYMENT
CONTRACTORS
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
Contractors come out stronger in UK courts - 2001 - Construction News (6737) 11 October 2001, 56(1) .
Compares the UK Construction Act 1996 with the New South Wales, Australia Building and Construction Industry Security of Payment Act 1999 with regards to construction contracts. Discusses the payment and adjudication provisions in each act. While the UK Construction Act seems to provide greater protection for contractors and sub-contractors and allows any dispute to be resolved by adjudication, the Security of Payment Act is more favourable to the paying party and only allows disputes about payment to go to adjudication. Concludes that contractors come out better in the UK Construction Act, but acknowledges that the Security of Payment Act has limited experience to date.
SCHEME FOR CONSTRUCTION
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
AUSTRALIA
NEW SOUTH WALES
BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999
DISPUTE RESOLUTION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
PAYMENT
CONTRACTORS
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS