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Adjudication under the 'Construction Act 2009': An Adjudicator's Perspective

Paper number
D133

Mark Entwistle

April 2012

A paper based on a talk given at the Society of Construction Law annual conference in Leeds on 2nd March 2012

Mark Entwistle takes a practical and personal look at adjudication, passing on helpful tips for the parties to get the most out of their adjudicator and adjudication. He considers the changes in practice likely to result from the amendments to the Housing Grants, Construction and Regeneration Act 1996 made by the Local Democracy, Economic Development and Construction Act 2009 (for convenience called the 'Construction Act 2009'). He goes on the discuss how the quality of the result of an adjudication may be significantly affected by the quality of the ingredients the adjudicator has to work with and encourages parties to improve the quality of their submissions and evidence and document management.

Introduction - the 'Construction Act 2009' - Oral contracts - Costs - payment provisions - No level playing field - The parties' inadequacies - Timescale - Quality of submissions - Evidence and document management - Conclusion.

The author: Mark Entwistle BTech, LLB(Hons), FRICS, FCIOB, FCIArb, Dip ICArb is a non practising barrister and adjudicator.

Text 6 pages.