Construction Contracts Law and Practice

by Wilmot-Smith QC, Richard

• ISBN13: 9780199579594
• ISBN10: 0199579598
• Edition: 2nd
• Format: Hardcover
• Copyright: 2010-05-13
• Publisher: Oxford University Press

Summary

The second edition of this well-regarded title continues to take a clear and practical approach to the law and practice relating to construction contracts in the UK. It provides comprehensive coverage of the substantive law and modern dispute resolution procedures in the field of construction.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 thisarea. This is carefully examined and digested in detail to ensure the reader has an understanding of the pitfalls of enforcement. The second edition covers all relevant case law and legislation since the publication of the first edition in 2006 including the changes proposed under the Local Democracy, Economic Development and Construction Bill. It includes a new chapter on partnering and revised and updated appendices toinclude the amendments to the Housing Grants, Construction, and Regeneration Act 1996.

Author Biography

Richard Wilmot-Smith QC was called to the Bar in 1978 and took silk in 1994. He has specialized in construction law since 1979. He is joint head of chambers at 39 Essex Street.

Table of Contents

The Contract

Contracts: Formation and Interpretation

Standard Forms of Contract and Bespoke Contracts

Quantum Meruit

Assignment and Sub-letting and the Contracts (Rights Against Third Parties) Act 1999

Liability

The Roles of Professionals

Tort and Construction Law

Exemption and Limitation of Liability Clauses

Mistake and Misrepresentation and Frustration

Guarantee and Indemnity

Interference with Property

Performance

Certificates and the Right to Payment

Time for Completion

Breach, Termination and Damages

Damages for Breach of Contract

Determination or Forfeiture Clauses

Claims

Loss and Expense

Limitation of Action

Injunctions and Specific Performance

Bankruptcy and Insolvency

Procurement, Competition in the European Community and Partnering

Procurement and the European Community

Partnering

Disputes

Mediation and Alternative Dispute Resolution

Arbitration

Litigation

Adjudication

Appendices

Housing Grants, Construction and Regeneration Act 1996

Scheme for Construction Contracts

Protocol for the Instruction of Experts to give Evidence in Civil Claims

Technology and Construction Court Guide

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