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Seven pillars of wisdom to guide adjudications

By: Series: Construction News ; (6738) 18 October 2001, 32(1)Publication details: 2001Subject(s): Summary: Acknowledges that certain areas of uncertainty remain concerning adjudication, and illustrates key principles formulated in case law which should help resolve such disputes: the Construction Act 1996 only applies to written agreements and contracts relating to construction operations; the paying party must give notice of payment; parties cannot contract out of the act but they can contract in; all parties have an undisputed right to adjudication to resolve disputes; adjudicators must have jurisdiction and always be able to act without bias. Case law.

Acknowledges that certain areas of uncertainty remain concerning adjudication, and illustrates key principles formulated in case law which should help resolve such disputes: the Construction Act 1996 only applies to written agreements and contracts relating to construction operations; the paying party must give notice of payment; parties cannot contract out of the act but they can contract in; all parties have an undisputed right to adjudication to resolve disputes; adjudicators must have jurisdiction and always be able to act without bias. Case law.