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Establish The Extent In Which Main Contractors Are
Trying To Avoid The Adjudication Process (2011)


Ref: build0003

This Dissertation focuses on Adjudication Process Avoidance. 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


AIM, OBJECTIVES, HYPOTHESIS
Aim
Key Question
Objectives

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

ADJUDICATION: REACTIONS TO DATE & USERS OF THE PROCESS (OBJECTIVE 2)
Introduction
Background to Adjudication
Main Users of the Process

HAS ADJUDICATION FULFILLED THE AIMS SET BY SIR MICHAEL LATHAM? (OBJECTIVE 3)
Introduction
Advantages of Adjudication
Disadvantages involved in Adjudication

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

AVOIDANCE TACTICS USED BY THE MAIN CONTRACTOR  (OBJECTIVE 5)
Introduction
Dissatisfaction Procedures
Costs and Fees

METHODOLOGY
Purpose of Research
Research Programmer
Research Methods
Questionnaire
Sample Population

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

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

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

BIBLIOGRAPHY

APPENDIX
Investigation Techniques
Case Studies
Covering Letter
Questionnaire
Overview of Results in Graphical Form



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