Construction Contracts
Law and Practice
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93 161 Ft
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Product details:
- Publisher Oxford University Press
- Date of Publication 9 March 2006
- ISBN 9780199281244
- Binding Hardback
- No. of pages792 pages
- Size 246x171x46 mm
- Weight 1483 g
- Language English 0
Categories
Short description:
An up-to-date, practical and modern textbook on the law and practice relating to construction contracts in the UK dealing with the substantive law and modern dispute resolution procedures in the field of construction law. This text will be valuable to practitioners and professionals in the construction business.
MoreLong description:
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.
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.
Table of Contents:
Part I: 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
Part II: Liability
The Roles of Professionals
Tort and Construction Law
Exemption and Limitation of Liability Clauses
Mistake and Misrepresentation and Frustration
Guarantee and Indemnity
Part III: Performance
Certificates and the Right to Payment
Time for Completion
Part IV: Breach, Termination and Damages
Damages for Breach of Contract
Determination or Forfeiture Clauses
Part V: Claims
Loss and Expense
Limitation of Action
Injunctions and Specific Performance
Bankruptcy and Insolvency
Part VI: Disputes
Adjudication
Mediation and Alternative Dispute Resolution
Arbitration
Litigation
Part VII: Procurement and Competition in the European Community
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
