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Engineering and Construction
Pages 11 (2761 words)
TITLE #1(a) Adjudication refers to the lawful process which is used to solve a dispute between two parties. There are several principles that are related to adjudication; the first principle states that, ` the construction Act of 1996 should always apply agreement in writing’’…
Extract of sample
In addition all suggestions may have been made in any previous adjudication or legal proceedings will be ample if the terms of the agreement are not denied. The second principle states that the construction Act of 1996 will only be applicable to only contract that are related to construction. The main standards applied here is that the contract work should be associated with structures, installation and buildings which are part of the land though the Act does not cover fittings and moveable structures. Also there are other construction operations that are not included in the Act as stated in section 105 (2) of the construction Act, for instance, works which are done on plant sites and are mainly carried out primary activities like power generation or processing are excluded from the Act. This principle was applied in the case of, palmer Vs ABB. The next principle is that payment notice should be made by the paying party though the Act does not state clearly if the payee should make any application for making the payment in the nonappearance of express terms. This shows that making an application does not necessarily mean that payment right has been made, except in a case where there contract states so or in any right that pre-existed. In a case where payment will not be paid fully a notice should be given to the payee. ...
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