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Abstract

Construction projects, largely due to their complexity, high value and longevity, are inevitably accompanied by the potential for disputes, and the industry has continued to make efforts to incorporate methods to resolve them. The UK construction adjudication, which Sir Michael Latham proposed to be included in all standard contract forms and be supported by legislation in the early 1990s, is a good illustration of this. In the past few years, other than litigation and arbitration, a variety of ADR methods have been devised and implemented in the construction industry. Since its introduction in 1998, the fact that statutory adjudication is the most significant method for resolving construction disputes in the UK and in many other commonwealth countries as well, has attracted the attention of researchers into the adjudication scheme.

The aim of this research is to examine a construction adjudication model in the UK to consider how construction disputes in other jurisdictions worldwide could be addressed by offering a cost-effective and expeditious method (adjudication) of settling disputes on a binding basis. To achieve this aim, a comprehensive literature review, historical data analysis, and a systematic review were conducted to gather relevant data. Thematic analysis was utilised for data analysis, which involved identifying, analysing, and interpreting patterns (themes) in the whole set of data.

The findings of this paper reveal that the adoption of the UK adjudication model by any jurisdiction can be recommended in order to address construction disputes because it is contemporaneous, swift, and cost-effective, even if it may require some supplements, including the introduction of a review process and modification of contradictions with local law. The research will aid researchers in other jurisdictions who are considering introducing UK adjudication model to settle construction disputes, as well as help enhance the current mechanisms in their own countries.

Course: Quantity Surveying - MSc - C2170

Date Deposited: 2023-02-13

URI/permalink: https://library.port.ac.uk/dissert/dis14100.html