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Abstract

Adjudication as a method of dispute resolution was introduced in the UK through the Housing Grants Construction and Regeneration Act 1996 (HGCRA 96) supported by the procedural rules containing the Scheme for Construction Contracts that came into effect on 1 May 1998. The purpose of this research is to examine the success of adjudication as a method of resolving disputes in construction in the UK and worldwide and to evaluate the potential of using the UK model as a basis for implementing construction adjudication in India.

The researcher uses a detailed review of relevant literature to analyse the UK construction adjudication model and to investigate the adoption of the UK adjudication model in other countries. A combination of questionnaire survey and literature review is carried out To assess the effectiveness of existing dispute resolution system in construction in India, evaluate the potential for and benefits of adopting the UK model of construction adjudication in India, identify barriers in adoption of the UK adjudication model for construction in India and provide recommendations to overcome barriers and effectively implement the UK model of construction adjudication as a dispute resolution method in construction in India.

The findings of the research revealed that adjudication has been a success in resolving disputes under the construction contracts in a fair, rapid and cost-effective manner not only in the UK but also in all the other countries like Australia, New Zealand, Singapore, Hong Kong, Malaysia, Ireland and Canada that have adopted construction adjudication. The Indian construction dispute resolution system was found to be not so effective as it is currently facing many issues such as the length of procedures, high costs of the process, overburdened judicial system, lack of specialist judges and limited use of alternate dispute resolution methods and that the adoption of the UK model of adjudication covering all disputes in its scope would be an ideal solution to these issues and hence the betterment of the present construction dispute resolution system in India.

Course: Quantity Surveying - MSc - C2170

Date Deposited: 2025-01-15

URI/permalink: https://library.port.ac.uk/dissert/dis14635.html