Towards diminishing judicial intervention in statutory adjudication: a pragmatic proposal
Skaik, Samer, Coggins, Jeremy and Mills, Anthony 2016, Towards diminishing judicial intervention in statutory adjudication: a pragmatic proposal, Construction law journal, vol. 32, no. 6, pp. 659-675.
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Towards diminishing judicial intervention in statutory adjudication: a pragmatic proposal
Statutory adjudication was introduced into the Security of Payment (SOP) legislation as a fast-track payment dispute resolution process aiming to achieve the object of the legislation to facilitate cash flow within the construction contractual chain. As such, adjudication determinations were usually released and enforced on a "pay now, argue later" 1 basis in order to protect a vulnerable class of smaller businesses within the building and construction industry. The SOP legislation was extremely successful in attaining the stated object in the context of small adjudicated payment claims where both parties used to comply with the adjudication determination.
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eng
Field of Research
180123 Litigation, Adjudication and Dispute Resolution 120299 Building not elsewhere classified
Socio Economic Objective
970112 Expanding Knowledge in Built Environment and Design
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