Scribd
Upload
206 views4 pages

Level 5 Certificate in Adjudication in The Construction Industry

The document provides instructions and questions for an assessment on adjudication in the construction industry. It covers topics such as when a contract can be subject to adjudication, what rules would be implied in certain contract situations, when a dispute arises to allow for adjudication, the rules of natural justice in adjudication, and circumstances where a court may or may not enforce an adjudicator's decision.

Uploaded by

Muhammad Anamul Hoque
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
206 views4 pages

Level 5 Certificate in Adjudication in The Construction Industry

The document provides instructions and questions for an assessment on adjudication in the construction industry. It covers topics such as when a contract can be subject to adjudication, what rules would be implied in certain contract situations, when a dispute arises to allow for adjudication, the rules of natural justice in adjudication, and circumstances where a court may or may not enforce an adjudicator's decision.

Uploaded by

Muhammad Anamul Hoque
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 4

THE ROYAL SOCIETY FOR PUBLIC HEALTH

ASSESSMENT FOR THE

LEVEL 5 CERTIFICATE IN ADJUDICATION IN


THE CONSTRUCTION INDUSTRY
Date xxxxxx

Paper No. xxxxxxxx

Unit Two:
The Application of the Law of Adjudication to the
Construction Industry
IMPORTANT
READ THE FOLLOWING INSTRUCTIONS CAREFULLY

1. Candidates should enter their candidate number in the


space provided on the cover of the answer book. No
signature or name should appear on the answer book.

2. You should write all of your answers in the answer book


provided.

3. You should attempt to answer ALL of the questions

4. You are allowed THREE HOURS to complete the


assessment.

5. This paper and your answer book must be left on your desk
at the conclusion of the test.

Level 5 Certificate in Adjudication in the Construction Industry Paper No. xxxxxxxxx


Date
© 2008 Royal Society for Public Health
Level 5 Certificate in Adjudication in the Construction Industry Paper No. xxxxxxxxx
Date
© 2008 Royal Society for Public Health
1. For a contract to comply with the Housing Grants, 20 mks
Construction and Regeneration Act 1996, and be
subject to the adjudication provisions, the contract
must be in writing or be evidenced in writing.
Discuss this statement.

2. What, if anything, would be implied from the


Scheme into a construction contract in the following
situations and why?

a The construction contract says that the adjudication 4 mks


will be conducted under the TeCSA rules but omits
the power for the adjudicator to make a binding
conclusion on his own jurisdiction.

b The construction contract says that the adjudication 4 mks


will be conducted under the TeCSA rules but omits
the provision requiring the adjudicator to reach his
decision within 28 days or such longer period.

c The construction contract does not provide for a 4 mks


final date for payment.

d The construction contract does not provide for a 4 mks


final date for payment but the agreed duration of
the contract is 42 days.

e The construction contract does not provide a right 4 mks


to suspend performance for non-payment.

3. Having regard to case law, when does a dispute 20 mks


arise that gives rise to an entitlement for the matter
to be referred to adjudication?

4 What are the rules of natural justice and how do 20 mks


they apply to adjudication?

Level 5 Certificate in Adjudication in the Construction Industry Paper No. xxxxxxxxx


Date
© 2008 Royal Society for Public Health
5 Giving reasons for your answer; is a court likely to
enforce an adjudicator’s decision if:

a There is a possibility that the adjudicator may have 4 mks


been biased?

b The adjudicator was not appointed correctly and 4 mks


the responding party made a jurisdictional
challenge on the point during the currency of the
adjudication?

c The claim changed during the proceedings? 4 mks

d The decision was issued late? 4 mks

e The adjudicator made an error in fact or law but 4 mks


acted within his jurisdiction?

Level 5 Certificate in Adjudication in the Construction Industry Paper No. xxxxxxxxx


Date
© 2008 Royal Society for Public Health

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy