Overview

This book of construction law contains a unique in-depth analysis of legal routes to payment for construction and engineering work that are not evident from the express words of the contract. These extra-contractual remedies are of great importance, but are frequently underused. This book brings them together in a unified way for the first time. They include claims in damages for breach of implied terms, quantum meruit, negligence, statutory recoveries, and other legal principles that may be in invoked - including prevention, impossibility, and relief from forfeiture to circumvent contractual obstacles to payment, and the impact of fraud and unconscionability. Particularly useful are the book's checklists, prompting the reader to explore possible causes of action that may not otherwise present themselves as available. The first volume contains the main text, and the second volume reproduces the key passages from decided cases and legislation in England, Australia and other common law jurisdictions around the world, which underpin these extra-contractual remedies. The book is an incisive and compelling practical guide by one of the most successful construction litigators of his generation.

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9781913019570

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Reviews

This text, the magnum opus of an already impressive oeuvre, will make a formidable contribution to the domain of construction law and provide great value to counsel, arbitrators, judges and construction industry participants at all levels of the industry. From the Foreword by Douglas Jones, international commercial and investor/state arbitrator and an International Judge of the Singapore International Commercial Court.

Author Information

Robert Fenwick Elliott is one of the most experienced construction lawyers in the world, having acted in billions of dollars-worth of construction and engineering disputes in the last 45 years. He was the founder of law firms Fenwick Elliott in London and Fenwick Elliott Grace in Adelaide, and now, an international Member of Keating Chambers, practices as a barrister based in South Australia.

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