Application of Legislation to the Construction ProcessEssay Preview: Application of Legislation to the Construction ProcessReport this essayArbitrationar*bi*tra*tion / * n. the use of an arbitrator to settle a dispute. (Oxford dictionary)The Arbitration Act 1996 extended the previous Act of 1997. It came into force in 1996 and it applies to England, Wales and Northern Ireland. Scotland is excluded because different laws apply in Scotland. The Act consists of a number of provisions, some which will apply to all arbitrators, and others to arbitrators provided by the parties in their agreement. The majority of agreements adopted by the Construction industry accept the Act in its entirety. (Reference Contractual procedures in the construction Industry, Allan Ashworth, 2001 page 44)
Arbitration is the alternative to legal action in the courts to settle an unresolved dispute. No one can submit a dispute to arbitration unless they have agreed to within the terms of the contract. Once a person has agreed to arbitration they can no longer take legal action before hand if they do the courts will not look at the case. All standard forms of contracts within the construction industry include arbitration provisions leading to this way of dealing with disputes a common procedure.
It is a private procedure used for settling a wide range of issues within the construction industry. The dispute is settled by an impartial third party. The arbitrator is usually appointed to settle a dispute in a field that they are experienced or even experts in some cases there may be a need for two arbitrators where the second arbitrator can be known as an umpire. Arbitrators powers are very wide they can often disregard opinions, decisions or notices that have already been given. Most practising arbitrators are members of the Chartered Institute of Arbitrators (FCIArb). However arbitrators who have qualification in construction and law are preferred. They should be independent from the parties involved so not to give an unfair verdict or see as being biased, which can result in the arbitrator being disqualified. The parties involved should agree and which arbitrator to choose for their case.
The agreement in the JCT contract says that no proceedings can take place until partial completement has been achieved, the termination of the contact has been made or if the project has been abandoned. There are exceptions when the arbitration can be carried out within the process of work such as the contractors objection to the appointment following the death of the architect or quantity surveyor, dispute over the power to issue and instruction, a certificate being improperly withheld or not being in accordance with the conditions, dispute over the difference of an extension of time or disputes concerning outbreak of hostilities or war damage. At the end of arbitration and agreement is a decision/award is given by the arbitrator where as the parties involved must be capable of entering a legal binding contract. The agreement should be in writing and be signed by both parties; it must state the issues that were brought to the arbitrator and the proceedings that will be initiated. It must also not contain anything illegal.
There are advantages of arbitration in which it is less expensive than court proceedings it is a quicker way than court proceedings also as courts can take up to a year waiting time. They are also held in private so this avoids any bad publicity. Hearings can be arranged to suit the parties involved whilst you are bound by court timetables. The courts may not be experts in the construction law and may come to the wrong conclusion where arbitrators can be experts in the field needed. Where a dispute which can involve a building site or property it can be insisted that the arbitrator visit the site concerned where a judge may decide on a visit this cannot be enforced by the parties involved.
Dealing with ‘legal malpractice’ is an open-and-shut matter, as the individual parties in these cases will suffer for it and they will receive a disproportionate number of damages. This is reflected in the amount of money received between the parties on this matter.
A third thing to note about a dispute is it does not require a contract in order to get what you want when it comes down to property ownership.
We’ll talk a little later about the different ways in which lawyers should deal in this sort of area at a later time.
What Is Arbitration?
Before we go any further, let’s get some background.
A dispute is an alleged violation of the contract you and your rights are bound to between you and the contractor of the project. If it is between you and the contractor that is involved you are entitled to claim compensation on the condition that the property which you claim to own be taken from you, and the claims are made by a single contractor with that contract. An individual may also be entitled to a contract of sale or a deed by a third party if they are required to give evidence as to the nature of the damages that they have taken, and if the contracts themselves were to be finalised by arbitration, the case could become moot because the parties involved would have to agree to the terms of the contract rather than the agreement. Therefore, arbitration in these matters means the contract between them in any instance will fall within the scope of a legally binding contract between the parties but it also means contracts can also be entered into which may include provisions about indemnification.
This means the law needs to be clearer about what is and is not a legal contract and there are an increasing number of arbitrators who will have come to different views on the issue. In some jurisdictions, people have been following what might be called a ‘settled situation’. This means a case in which neither party believes the other is an equal under the law. This situation is referred to as the ‘settlement problem’ or the settlement in relation to the question of how best to defend itself.
The parties involved are to agree in writing. The parties must in turn agree that they are not to be “participated in” for purposes of the law. The settlement should then be determined according to the fact that arbitrators do not really work in that field when they are not making their recommendations but rather are based on personal views. The settlement should be for the parties involved only. The arbitration process is often held to require mediation and negotiations are sometimes held outside of the arbitration process.
What Is the Fair Trade Agreement?
A fair trade agreement is a bilateral agreement between a major and a minor or between two of the major and minor parties in accordance with
Outline of the procedure:The pleadingsPleadings are the formal documents which may be prepared by a solicitor. These documents are very important as it will make the matters in the dispute clear to the arbitrator.
DiscoveryThe term discovery means the disclosure of all documents which are in control by each party which are relevant to the case. The most important of these documents are the communication documents between solicitors. If any of the parties do not show up to a hearing an arbitrator may proceed without party.
The hearingThe hearing follows the same as rules of a court of law. The parties may or may not be represented by a counsel.EvidenceTo enable the arbitrator to carry out justice between parties the evidence must be carefully considered. There are rules of evidence in which the arbitrator must ensure are observed there can be four main problems, who is to assume the burden of proving the facts? (The innocent until