By Richard Wilmot-Smith

Reviews

Its about time that a new detailed construction law publication hit the shelves, and here it is... The benefit that this book has over others is that it has been recently written as a first edition) so deals with many, if not all, of the current issues in construction law in a logical flowing manner... ...procurement and competition within the European Community is considered, which is extremely helpful... The appendices are also very helpful the appendix contains the up-to-date TCC Court Guide as well as the Construction and Engineering Protocol and extracts from key legislation affecting the construction industry... This book is a most welcome addition to any construction lawyers book shelf, whether for the purposes of an overview or explanation of a general topic, or indeed in order to interrogate a focussed issue within the field of construction contracts. Nicholas Gould, Fenwick Elliott LLP

Description

• Fills a gap for a fresh approach to construction contracts
• Practical approach assists in finding solutions to specific problems
• This book originally covers arbitration and adjudication alongside the substantive law of construction contracts
• Written by an experienced, respected practitioner guaranteeing this book is of the highest quality
• Well structured and user-friendly for todays practitioner
• Companion web site provides updates and a discussion forum

This new and practical book has a fresh approach to the law and practice relating to construction contracts in the UK. Divided into three main parts, the work deals with the substantive law and modern dispute resolution procedures in the field of construction.

Construction Contracts: Law and Practice is unique in its coverage of adjudication and arbitration. Detailed consideration is given as to when adjudication might be relevant, who can start claims, how they are started and the steps that need to be taken to bring them to a conclusion. These are all examined with reference to practical examples and advice. Mediation is also discussed within this section, taking the reader through the practicalities of how it is started, what is expected from a mediator and how a construction mediation ends. Arbitration practice specific to construction cases is covered here including a look at fast-track matters.

The first part of the work reinforces the general law of contract beginning with offer and acceptance and contract formation. Then the author moves on to consider the aspects that relate specifically to construction matters dealing in turn with topics such as certificates, forfeiture clauses and liquidated damages as well as discussing the varied roles of professionals: engineers; quantity surveyors; and project surveyors.

Throughout the work the author provides key practical tips including: where and when you issue proceedings; what the judges will expect and their preferences; and how trials can be made shorter. A separate section also examines enforcement of adjudicators awards covering recent case law on this area. This is carefully examined and digested in detail to ensure the reader has an understanding of the pitfalls of enforcement.

This up-to-date, modern text on the law and practice relating to construction contracts will be valuable to all practitioners and professionals in the industry.

Accompanied by a companion web site which will provide updates per chapter and a discussion area where views relating to the book can be raised.

Readership: Solicitors and barristers practising in construction law; construction professionals, architects and engineers.

Contents
1. Contract Formation

2. Standard Forms of Contract

3. The Role of the Contractor

4. The Roles of Professionals

5. The Law of Tort and Statutory Duties in Relation to Construction

6. Certificates and Payment

7. Time for Completion

8. The Right to Order Variations

9. Damages for Breach of Contract

10. Determination or Forfeiture Clauses

11. Limitation of Liability Clauses in Construction Contracts and Professionals Contracts

12. Giving Notice

13. Insurance

14. Guarantee and Indemnity

15. Injunctions and Specific Performance

16. Assignment and Sub Letting

17. Insolvency

18. EC and Procurement Rules

19. Adjudication

20. Mediation and ADR

21. Arbitration

22. Litigation

23. Limitation of Action

Appendices

Authors, editors, and contributors

Richard Wilmot-Smith, Joint Head of chambers

Published Year: 2006 Format: Hard Back ISBN: 978-0-19-928124-4 Publisher: Oxford University Press No of Pages: 792 Our Price: £ 179.00 Reviews: 0 reivew(s).

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