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Within the context of the Housing Grants, Construction & Regeneration Act 1996 (known generally as the 'Construction Act'), evaluate the key strengths and weaknesses of the Adjudication provisions.

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  • Essay length: 1444 words
  • Submitted: 19/06/2006
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University Degree Engineering

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Measurement & Practice 1

Assignment 1

Pearse Lewis

Task.

Within the context of the Housing Grants, Construction & Regeneration Act 1996 (known generally as the 'Construction Act'), evaluate the key strengths and weaknesses of the Adjudication provisions.

Speculate, explaining your reasons as to whether Adjudication will actually lead to the resolution of disputes, to the mutual satisfaction of the parties or whether it will become largely discredited over the next decade.

The Housing Grants, Construction and Regeneration Act 1996 came into force on 1st May 1998, and dealt with three construction related matters. Firstly, "construction contract" (defined in sections 104 and 105 of the Act). Secondly, allowed for measures providing for the compulsory availability of Adjudication and its consequences (section 108 of the Act). Thirdly, important provisions dealing with the right to payment under a construction contract (sections 109 to 113 of the Act). This essay will examine the key strengths and weaknesses of the second construction related matter of the Act, involving Adjudication provisions. The essay will also speculate whether Adjudication will actually lead to the resolution of disputes, to the mutual satisfaction of the parties

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