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Agapiou, A (2015) The factors influencing mediation referral practices and barriers to its adoption: A survey of construction lawyers in England and Wales. International Journal of Law in the Built Environment, 7(03), 231-47.

Connell, A and Mason, J (2015) Isn’t all loss consequential?: A review of recent case law and its relevance to contractual practices within the built environment. International Journal of Law in the Built Environment, 7(03), 176-94.

Crossley, B J (2015) Inter-organisational relationship trust repair: a ranked Delphi study with UK professionals. International Journal of Law in the Built Environment, 7(03), 195-213.

Hetherton, T and Charlson, J (2015) When statutes collide: potential recovery of own party adjudication costs. International Journal of Law in the Built Environment, 7(03), 214-30.

  • Type: Journal Article
  • Keywords: Local Democracy, Economic Development and Construction Act 2009; adjudication costs; Housing grants, Construction and Regeneration Act 1996; Late Payment of Commercial Debts (Interest) Act 1998; statutory interpretation
  • ISBN/ISSN:
  • URL: https://doi.org/10.1108/IJLBE-12-2014-0036
  • Abstract:
    Purpose – This paper aims to examine the potential recovery of own party adjudication costs under the Late Payment of Commercial Debts Regulations 2013. The investigation directly applies to England and Wales, but may be relevant to other jurisdictions. Design/methodology/approach – The interaction between The Late Payment of Commercial Debts Regulations 2013 (derived from European Directive 2011/7/EU on combating late payment in commercial transactions) and the Local Democracy et al. 2009 including reference to case law was explored. A qualitative research framework was used to collect primary data through semi-structured interviews with experienced construction industry adjudication professionals. Findings – It was discovered that adjudicators are awarding own party costs under the Regulations, but there was disagreement on the issues in both the literature and amongst the interviewees. Research limitations/implications – A definitive judgment is awaited from the Technology and Construction Court. Originality/value – This paper will be of value to construction industry adjudication professionals.

Whaley, A, McAdam, B and Crowe, P (2015) The acceleration dilemma: can English law accommodate constructive acceleration?. International Journal of Law in the Built Environment, 7(03), 248-67.