Establish
The Extent In Which Main
Contractors Are
Trying To Avoid The Adjudication Process (2007)
There
has been
growing dissatisfaction, for some years, with litigation and
arbitration as a
means of settling construction disputes, and increasingly parties have
been
turning to adjudication. This trend was given a major impetus by the
introduction of the Housing Grants, Construction and Regeneration Act
1996 and
the Scheme for Construction Contracts, which resulted in statutory
adjudication
being introduced in most of the main building standard forms. This
dissertation
therefore surveys the growth of adjudication in detail by discussing
the Act
and its effect on adjudication and construction contracts considering
both
procedural and legal issues.
This
report will consider initial reactions from the industry, and discuss
how it
has become widely recognized as the most effective method of dispute
resolution. However, this rapid increase in demand has also had an
adverse
effect on the process as it clearly highlights the problems over its
effectiveness. The purpose of this report is therefore to review the
doubts
within adjudication from the perspective of the main contractor and
offer
solutions as to the way forward.
15,000
words- 88
pages in length
Excellent
use of
literature
Good
use of case
study analyses
Ideal
for construction &
building studies students
Chapter
1 - AIM, OBJECTIVES, HYPOTHESIS
Aim
Key
Question
Objectives
Chapter
2 - THE ACT AND ITS IMPLIMINTATION (OBJECTIVE 1)
Before
the
Introduction of the Act
The
Introduction of the Act
Adjudication
within the Act
The
Principles of Adjudication
The
Decision
Chapter
3 - ADJUDICATION: REACTIONS
TO DATE & USERS OF THE PROCESS (OBJECTIVE 2)
Introduction
Background
to
Adjudication
Main
Users
of the Process
Chapter
4 - HAS ADJUDICATION FULFILLED THE AIMS SET BY
SIR MICHAEL LATHAM? (OBJECTIVE 3)
Introduction
Advantages
of Adjudication
Disadvantages
involved in Adjudication
Chapter
5 - FLAWS WITHIN THE PROCESS (OBJECTIVE 4)
Introduction
Flaws
that
cause Contractors to avoid the Process:
The
Performance of an Adjudicator
Ambush
&
Time
Final
and
Conclusive
Costs
of
Taking Claims of to Adjudication
Chapter
6 - AVOIDANCE TACTICS USED BY THE MAIN
CONTRACTOR
(OBJECTIVE 5)
5.1 Introduction
5.2 Dissatisfaction
Procedures
5.3
Costs
and Fees
Chapter
7 – METHODOLOGY
Purpose
of
Research
Research
Programmer
Research
Methods
Questionnaire
Sample
Population
Chapter
8 - PRESENTATION OF RESULTS
How
the
Results were obtained
Presentation
of Results:
Awareness
& Aims of Adjudication
Flaws
with
Adjudication that have led to avoidance
Avoidance
tactics used by Main Contractor
Chapter
9 - DISCUSSION OF RESULTS
Introduction
Discussion
of Results:
Awareness
& Aims of Adjudication
Flaws
with
Adjudication that have led to avoidance
Avoidance
tactics used by Main Contractor
Chapter
10 - CONCLUSIONS
Introductions
Conclusions:
Aims
of
Adjudication & Comparisons
Flaws
that
cause Main Contractors in avoiding the process
Avoidance
tactics used by the Main Contractor
Success
of
Adjudication to date
Key
Question: Establish the extent in which main contractor are trying to
avoid the
adjudication process
Limitations
to the Research
Areas
of
further Research
Chapter
11 - BIBLIOGRAPHY
Chapter
12 - APPENDIX
Investigation
Techniques
Case
Studies
Covering
Letter
Questionnaire
Overview
of
Results in Graphical Form
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