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</em><p><em>Reviews of previous editions:</em><br />This book aims at providing a clear account of the new statutory adjudication process available to participants in the building industry ... this book is recommended as a sound introduction to an important and innnovative scheme.</p>
<p>Law Institute Journal (Victoria), Special Issue, December 2004</p>
<p>The changes made by the 1999 Act affect developers, contractors, subcontractors, related professions, manufacturers and suppliers. .. This book describes how to make claims under the Act, how to defend claims and how to adjudicate disputes. The book contains precedents for notices under the Act and for adjudicators. It shows how adjudication affects litigation, arbitration and expert determination and how to challenge an adjudicator's decision.</p>
<p>Building Construction Materials & Equipment, July/August 2000</p>
<p>The book is admirably well ordered and easy to read. ...[It] is succinctly written in plain English. The author should be commended on the great amounts of helpful information he has managed to include in 165 pages. ... It is wholeheartedly recommended to would-be adjudicators, parties to adjudications and their advisors. </p>
<p>Australian Construction Law Bulletin, Vol 12 No 1</p>
<p>An essential reference in the case of a looming building payment dispute and also makes important reading for anyone associated with the NSW building industry. </p>
<p>House and Home, September 2000</p>
<p>Guidance is provided for everyone in the construction chain from the developer to the owner of the local hardware store. It is also intended to assist all those who advise them, including architects, accountants and lawyers. </p>
<p>The Earthmover and Civil Contractor, May 2000</p>
<p>
</p><p></p>

Many in the construction industry, and their professional advisers, remain unaware of the scheme for compulsory rapid adjudication which has now been adopted throughout Australia outside WA and NT. Many contractors and owners are compelled to pay large claims because they have not availed themselves of the protections afforded by the legislation.

Philip Davenport's book explains the scheme, and its detail. Completely rewritten in this third edition, it covers NSW, Queensland, Victoria, South Australia, Tasmania and the ACT. It cites many of the hundreds of judgments interpreting security of payment and adjudication - and is frequently critical. It assists

  • claimants on how to make claims, prepare adjudication applications and enforce payment
  • respondents to defend claims and challenge adjudication determinations; and
  • adjudicators with warnings on pitfalls that adjudicators fall into

It also includes references to useful web sites, for example those on which precedents can be downloaded free of charge. In the whole history of construction contracting nothing matches the importance of compulsory rapid adjudication.

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This third edition is a complete rewrite and covers NSW, Qld, Victoria, SA, Tasmania and the ACT. three new supplements are now available. They are made available by the author, Philip Davenport and may be downloaded free to charge.
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1. Introduction 2. An Outline of the Acts 3. Construction Contracts 4. Statutory Changes to Contracts 5. Making a Claim 6. Payment Schedules 7. Adjudication Applications 8. Adjudication Response 9. Role and Functions of Adjudicators 10. Gathering Information 11. The Adjudicator's Determination 12. Issue Estoppel 13. Adjudication Fees 14. Adjudicator's Liability 15. Respondent's Obligations after Adjudication 16. Enforcement of Claimant's Rights 17. Setting Aside an Adjudicator's Decision 18. Concurrent Proceedings 19. Authorised Nominating Authorities 20. Review Adjudication in Victoria 21. Service Index

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Produktdetaljer

ISBN
9781862878044
Publisert
2010-09-03
Utgave
3. utgave
Utgiver
Federation Press; Federation Press
Vekt
366 gr
Høyde
235 mm
Bredde
159 mm
Aldersnivå
05, U
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
420

Forfatter

Om bidragsyterne

Philip Davenport has 40 years experience in construction law. He spent 5 years with city law firms, 15 years with the Department of Public Works and Services NSW and the past 20 years as a sole practitioner practicing exclusively in the field of construction law. Including those listed below, Philip is the author or co-author of 12 books on construction law and is the Chief Adjudicator and a regular course presenter for Adjudicate Today