Abstract:
This article is a comprehensive examination of the most fundamental aspects of the Construction Contracts Act 2002 ("CCA): the purpose, the nature of the debts arising under the Act, the enforcement mechanisms within the Act and their relationship with other statutes. The article anticipates the issues that may arise and proposes solutions. It also exposes and explores the shortcomings in the drafting and in the structure of the Act and suggests reforms or amendments. Among my articles, this one is the most cited by courts and lawyers (see the PE part). I also think that the article in particular (and some of my other articles on the CCA) is the foundation for reforms of the CCA that are currently under way. This is because the theme for the reforms is that the different treatments provided for residential and commercial construction contracts (particularly when it comes to enforcing adjudicators’ determinations under the CCA) is unsound, and it is me who broached and argued the unsoundness.