{"title":"General Principles","authors":"The Rt Hon. Lord Justice Coulson","doi":"10.1093/oso/9780198822110.003.0010","DOIUrl":"https://doi.org/10.1093/oso/9780198822110.003.0010","url":null,"abstract":"The TCC and the Court of Appeal have repeatedly made it plain that errors of fact, errors of law and procedural errors will not, without more, justify a failure to comply with the adjudicator’s decision. As a result, the grounds for impeaching such a decision are extremely limited. By far the most common attack on the decision of an adjudicator is the submission that the adjudicator had no jurisdiction to reach that decision. Because courts have been clear that a decision will be summarily enforced unless it is one that the adjudicator did not have the jurisdiction to reach, commercial necessity has led defendants to take all manner of points to support the proposition that the adjudicator had no relevant jurisdiction.","PeriodicalId":434490,"journal":{"name":"Coulson on Construction Adjudication","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127173978","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Adjudication Itself","authors":"The Rt Hon. Lord Justice Coulson","doi":"10.1093/oso/9780198822110.003.0025","DOIUrl":"https://doi.org/10.1093/oso/9780198822110.003.0025","url":null,"abstract":"Directions\u0000 Only once the referral notice has been served should the adjudicator make directions for the conduct of the adjudication. He should consider the detail of the referral notice and then consider how the dispute should be managed through to his decision. The...","PeriodicalId":434490,"journal":{"name":"Coulson on Construction Adjudication","volume":"06 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127269751","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Commencing an Adjudication","authors":"The Rt Hon. Lord Justice Coulson","doi":"10.1093/oso/9780198822110.003.0024","DOIUrl":"https://doi.org/10.1093/oso/9780198822110.003.0024","url":null,"abstract":"Introduction\u0000 There is no shortage of written material purporting to provide guidance as to the best way of approaching and running an adjudication. Some of this advice is now out of date, and some of it is of questionable accuracy. However, mention should...","PeriodicalId":434490,"journal":{"name":"Coulson on Construction Adjudication","volume":"2016 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114614770","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Contractual Adjudication","authors":"The Rt Hon. Lord Justice Coulson","doi":"10.1093/oso/9780198822110.003.0007","DOIUrl":"https://doi.org/10.1093/oso/9780198822110.003.0007","url":null,"abstract":"Part II of the Housing Grants (Construction and Regeneration) Act 1996 (‘the 1996 Act’), as amended, requires all construction contracts to have an adjudication procedure that complies with s108: see s108(5). The same section makes plain that if the construction contract in question does not contain adjudication provisions that comply with s108(1)–(4), then the Scheme for Construction Contracts will apply. It is therefore envisaged that the construction contract will include its own adjudication provisions.","PeriodicalId":434490,"journal":{"name":"Coulson on Construction Adjudication","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134230807","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"AD HOC Adjudication","authors":"The Rt Hon. Lord Justice Coulson","doi":"10.1093/oso/9780198822110.003.0008","DOIUrl":"https://doi.org/10.1093/oso/9780198822110.003.0008","url":null,"abstract":"In addition to statutory adjudication under the 1996 Act, and contractual adjudication pursuant to the terms of the contract in question, there is a third way in which parties to a contract can agree, or be deemed to have agreed, to submit their dispute to adjudication. The authorities refer to this as ‘ad hoc adjudication’, a process whereby the parties agree to confer jurisdiction on an adjudicator to decide the particular dispute that has arisen between them. Because this is a matter entirely for the agreement of the parties, such an adjudication may arise under contracts other than construction contracts, or under contracts for the provision of work and services that would otherwise be excluded by the provisions of the 1996 Act.","PeriodicalId":434490,"journal":{"name":"Coulson on Construction Adjudication","volume":"5 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120996789","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Statutory Scheme","authors":"The Rt Hon. Lord Justice Coulson","doi":"10.1093/oso/9780198822110.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780198822110.003.0005","url":null,"abstract":"The Scheme is designed as a fall-back position; if the construction contract in question does not contain the adjudication provisions set out in s108, or if it does not include the payment provisions set out in s109 of the 1996 Act, then the provisions of the Scheme apply as implied terms of the contract (s114(4)). Although many of the standard forms of construction and engineering contracts now contain specific adjudication and payment provisions that comply with the Act, so the parties do not need to have regard to the Scheme, there are many construction contracts, particularly for smaller works, which do not contain such provisions.","PeriodicalId":434490,"journal":{"name":"Coulson on Construction Adjudication","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125861592","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Errors of Law and Fact","authors":"The Rt Hon. Lord Justice Coulson","doi":"10.1093/oso/9780198822110.003.0011","DOIUrl":"https://doi.org/10.1093/oso/9780198822110.003.0011","url":null,"abstract":"The starting point for any discussion of this topic is not a case concerned with adjudication at all. In Nikko Hotels (UK) Ltd v MEPC plc, a rent review case, the lease contained a formula for increasing the rent, which necessitated the determination of the average hotel room rate. The independent expert, whose determination of the issue was provided for by the terms of the lease, construed that expression as meaning the average of the published prices at which rooms were said to be available, rather than the average room rate actually achieved. This interpretation of the lease naturally meant that the rate was higher than it would otherwise have been, and the tenants issued an originating summons, alleging that the decision was a nullity because it was based on a misconstruction of the rent review clause.","PeriodicalId":434490,"journal":{"name":"Coulson on Construction Adjudication","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133816372","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Bias","authors":"The Rt Hon. Lord Justice Coulson","doi":"10.1093/oso/9780198822110.003.0016","DOIUrl":"https://doi.org/10.1093/oso/9780198822110.003.0016","url":null,"abstract":"Bias is an attitude of mind which prevents the judge from making an objective determination of the issues that he has to resolve. A judge may be biased because he has reason to prefer one outcome of the case to another. He may be biased...","PeriodicalId":434490,"journal":{"name":"Coulson on Construction Adjudication","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116921246","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Fair Hearing","authors":"The Rt Hon. Lord Justice Coulson","doi":"10.1093/oso/9780198822110.003.0017","DOIUrl":"https://doi.org/10.1093/oso/9780198822110.003.0017","url":null,"abstract":"It is now well established that the purpose of adjudication is not to be thwarted by an overly sensitive concern for procedural niceties . . . Adjudication under the 1996 Act is necessarily crude in its resolution of disputes . . . It is now clear that...","PeriodicalId":434490,"journal":{"name":"Coulson on Construction Adjudication","volume":"4 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125291263","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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