Overview

"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 adjudicator's 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. It is 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."

Full Product Details

Author:   Richard Wilmot-Smith, QC
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.10cm , Height: 4.60cm , Length: 24.60cm
Weight:   1.468kg
ISBN:  

9780199281244

ISBN 10:   0199281246
Pages:   790
Publication Date:   09 March 2006
Audience:   Professional and scholarly ,  Professional & Vocational
Replaced By:   9780199579594
Format:   Hardback
Publisher's Status:   Out of Print
Availability:   Out of stock  

Table of Contents

PART I: THE CONTRACT; 1. Contracts: Formation and Interpretation; 2. Standard Forms of Contract and Bespoke Contracts; 3. Quantum Meruit; 4. Assignment and Sub-letting and the Contracts (Rights Against Third Parties) Act 1999; PART II: LIABILITY; 5. The Roles of Professionals; 6. Tort and Construction Law; 7. Exemption and Limitation of Liability Clauses; 8. Mistake and Misrepresentation and Frustration; 9. Guarantee and Indemnity; PART III: PERFORMANCE; 10. Certificates and the Right to Payment; 11. Time for Completion; PART IV: BREACH, TERMINATION AND DAMAGES; 12. Damages for Breach of Contract; 13. Determination or Forfeiture Clauses; PART V: CLAIMS; 14. Loss and Expense; 15. Limitation of Action; 16. Injunctions and Specific Performance; 17. Bankruptcy and Insolvency; PART VI: DISPUTES; 18. Adjudication; 19. Mediation and Alternative Dispute Resolution; 20. Arbitration; 21. Litigation; PART VII: PROCUREMENT AND COMPETITION IN THE EUROPEAN COMMUNITY; 22. Procurement and The European Community; Appendices; Supply of Goods and Services Act 1982; Housing Grants, Construction and Regeneration Act 1996; Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998/649); Contracts (Rights of Third Parties) Act 1999; Party Wall etc Act 1996; Misrepresentation Act 1967; Protocol for the Instruction of Experts to give Evidence in Civil Claims; Technology and Construction Court Guide; ICC Rules

Reviews

It's about time that a new detailed construction law publication hit the shelves, and here it is...This book is a most welcome addition to any construction lawyer's bookshelf... <br> Nicholas Gould, Partner, Fenwick Elliott LLP<br>

<br> It's about time that a new detailed construction law publication hit the shelves, and here it is...This book is a most welcome addition to any construction lawyer's bookshelf... <br>Nicholas Gould, Partner, Fenwick Elliott LLP<br><br>

Author Information

Richard Wilmot-Smith QC was called to the Bar in 1978, and took Silk in 1994. He has specialised in construction law since 1979.

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