Adjudication: Possible amendment to the 1996 act

Mort, J (2009) Adjudication: Possible amendment to the 1996 act. Proceedings of Institution of Civil Engineers: Management, Procurement and Law, 162(2), pp. 51-58. ISSN 17514312

Abstract

This paper addresses proposed changes to the UK Housing Grants, Construction and Regeneration Act 1996, as introduced by part 8 of the Local Democracy, Economic Development and Construction Bill. Strengths of the current act are addressed, together with its weaknesses in light of the courts' subsequent interpretation of the act. The changes proposed by the bill are evaluated in the context of the current act under the following headings: application of the act; adjudication; payment notice/ withholding notice regime; suspension of works. The paper also attempts to identify difficulties in the current act that are not addressed by the proposed reforms and potential new difficulties that the reforms bring.

Item Type: Article
Uncontrolled Keywords: contracts and law; government
Index terms: Construction and Regeneration Act 1996, adjudication, economic development, local democracy, housing grant
Subjects: economic development, economic analysis, political science, dispute resolution, statutes
Topics: Governance, Business Strategy, Sustainability, Legal Issues
Descriptive scope: 2 PC

N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here