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This book is intended to offer practical guidance to lawyers and construction professionals who find themselves navigating the Construction Contracts (Northern Ireland) Order 1997 and the accompanying Scheme for Construction Contracts in Northern Ireland.
Taking a pragmatic rather than academic approach, the book uses practical examples to illustrate the hierarchy of statutory rights (which all contracts captured by the regulatory scope of the legislation must comply with) and the terms which may be implied into the parties' contract where the agreed terms fail to comply with the statutory minimum requirements. A number of worked examples and calculations are offered in respect of Scheme-led payment regimes, which in practice often give rise to convoluted payment mechanisms.
The use of case law has been limited in so far as is possible to demonstrate points of statutory interpretation and guidance, including some of the most recent decisions emanating from the Technology and Construction Court on payment notices.
ABOUT THE AUTHOR
David Humphreys is an Associate in the Infrastructure, Construction and Energy team in DWF, Belfast. He is admitted to practice in Northern Ireland, England & Wales, and the Republic of Ireland. David advises a broad variety of public and private sector clients, ranging from central government departments, overseas territories and protectorates, to Tier 1 contractors, subcontractors, developers, as well as high-net worth private clients. David specialises in construction adjudication and has particular expertise in complex and high-value claims concerning payment, delay and breach. He was admitted as a Fellow of the Chartered Institute of Arbitrators (FCIArb) in September 2022, and sits as an adjudicator on the panel of UK Adjudicators. A father of two young children, David's interests include occasionally getting a good night's sleep.
