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Write 11 page essay on the topic The Lawful Process of Adjudication.Download file to see previous pages... The fourth principle is that the parties involved may not contract outside the construction A
Write 11 page essay on the topic The Lawful Process of Adjudication.
Download file to see previous pages...The fourth principle is that the parties involved may not contract outside the construction Act but they are allowed to contract within the act. In such adjudication, the court will administer the decisions like if the adjudications were statutory. A good example of an application of this principle is the case of SiemensVsNordot.The fifth principle is that in order to resolve disputes related to construction contracts the parties has a right which should not be regulated. The right to the party will not be restricted to procedural limits. The rights will be practiced even if proceedings are concurrent. In general, the court should not intervene to stop the continuation of any adjudication even if the dispute was solved was earlier decided in any other adjudication.The sixth principle is that adjudicators should have jurisdiction. Most of the adjudicator's decision could not be enforced because they lacked jurisdiction but given that the adjudicators had jurisdiction, their decisions will be enforced fully. Though there are signs in today's cases, and mainly those under the Scots law, which indicates that this area is suitable for development. The adjudicator should allow the parties to make submissions on their case based on the law and fact that the adjudicator relies on.The potential problems that are associated with the implementation of the construction act 1996 are that one of the challenges is that the Act fails to consider the principle of having a justice in nature. The determination of the adjudication which is under section 21 of building and construction industry security of payment act (`` SOPA’’) were advanced based on adjudicators jurisdiction to decide the dispute.
Another potential problem is that the amendment was only to apply only to those contracts that are verified through writing yet not all contracts that are evidenced in writing whether it is by circumstance or by design.
