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Towards diminishing judicial intervention in statutory adjudication: a pragmatic proposal

Version 2 2024-06-03, 16:31
Version 1 2016-10-24, 17:48
journal contribution
posted on 2024-06-03, 16:31 authored by S Skaik, J Coggin, Anthony MillsAnthony Mills
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.

History

Journal

Construction law journal

Volume

32

Pagination

659-675

Location

London, Eng.

ISSN

0267-2359

Language

eng

Publication classification

C Journal article, C1 Refereed article in a scholarly journal

Copyright notice

2016, Sweets & Maxwell

Issue

6

Publisher

Sweet & Maxwell Ltd.