LAW & COMMERCIAL TRAINING PROGRAMME
THE CONSTRUCTION ACT 1996
Lecture One: General Overview & Scope of the Act
- General
- Construction Contracts
- Construction Operations
- Value Limits
- Residential Dwellings
- Formalities
- Structure of the Act
Lecture Two: Adjudication
- Common Law Adjudication
- Statutory Adjudication
- Disputes and Differences
- Adjudication - Required Terms
- Notice - Section 108(2)(a)
- Appointment of Adjudicator - Section 108(2)(b)
- Adjudicator's Decision - Section 108(2)(c), (d)
- Adjudicator's Duty to Act Impartially - Section 108(2)(e)
- Inquisitorial Approach - Section 108(2)(f)
- Finality of Decision - Section 108(3)
- Adjudicator Immunity - Section 108(4)
- Nature of Adjudication
- Choice of Adjudicator
- Adjudicator's Fees
- Duration of Adjudicator's Appointment
- Procedures for Operation of Adjudication
- Adjudication Rules
Lecture Three:
Resolution of Disputes, Stage Payments and Dates for Payment and Withholding Payment
- Resolution of Disputes
- Stage Payments and Dates for Payment
- Common Law - Right to Payment
- Statutory Right to Interim Payment - Section 109
- Dates for Payment - Section 110(1)
- Dates for Payment - Section 110(2)
- Withholding Payment
- Common Law Right of Set-Off
- Statutory Restriction of Right to Set-Off
- Present Practice of Set-Off
Lecture Four:
Suspension of Work, Pay When Paid,Service of Notices, Professional Services and Transitional Provisions
- Suspension of Work
- Common Law
- Statutory Right to Suspend Performance for Non-Payment
- Present Practice - Suspension/Determination
- Pay When Paid
- Common Law
- Statutory Prohibition of Conditional Payment Provisions
- Present Practice of Payment
- Service of Notices
- Professional Services
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