Details
Provides a clear and practical approach to construction contracts
Offers extensive coverage of arbitration and adjudication
Written by a highly regarded practitioner guaranteeing the highest quality commentary and analysis
New to this edition
Full coverage of all the legislation and case law since the publication of the first edition in March 2006, including the changes proposed in the Local Democracy, Economic Development and Construction Act 2009
Offers a new chapter on partnering
Revised and updated appendices to include and the amendments to the Housing Grants, Construction and Regeneration Act 1996 proposed by the Local Democracy, Economic Development, and Construction Act 2009
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 this area. 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 to include the amendments to the Housing Grants, Construction, and Regeneration Act 1996.
Readership: Solicitors and barristers practising in construction law; construction professionals, architects and engineers.
Part I: The Contract1: Contracts: Formation and Interpretation2: Standard Forms of Contract and Bespoke Contracts3: Quantum Meruit4: Assignment and Sub-letting and the Contracts (Rights Against Third Parties) Act 1999Part II: Liability5: The Roles of Professionals6: Tort and Construction Law7: Exemption and Limitation of Liability Clauses8: Mistake and Misrepresentation and Frustration9: Guarantee and Indemnity10: Interference with PropertyPart III: Performance11: Certificates and the Right to Payment12: Time for CompletionPart IV: Breach, Termination and Damages13: Damages for Breach of Contract14: Determination or Forfeiture ClausesPart V: Claims15: Loss and Expense16: Limitation of Action17: Injunctions and Specific Performance18: Bankruptcy and InsolvencyPart VI: Procurement, Competition in the European Community and Partnering18: Procurement and the European Community19: PartneringPart VII: Disputes20: Mediation and Alternative Dispute Resolution21: Arbitration22: Litigation23: AdjudicationAppendices1: Housing Grants, Construction and Regeneration Act 19962: Scheme for Construction Contracts3: Housing Grants, Construction and Regeneration Act 1996 amended by the Local Deomcracy, Economic Development and Construction Bill 20094: Protocol for the Instruction of Experts to give Evidence in Civil Claims5: Technology and Construction Court Guide
Richard Wilmot-Smith QC, Barrister, 39 Essex Street Chambers
Contributors:
Caroline Allen, 39 Essex Street
Jonathan Bellamy, 39 Essex Street
Tony Blackler, Manches
Jess Connors, 39 Essex Street
Charles Cory-Wright QC, 39 Essex Street
Andrew Deakin, 39 Essex Street
John Denis-Smith, 39 Essex Street
Karim Ghaly, 39 Essex Street
Karen Gough, 39 Essex Street
Kate Grange, 39 Essex Street
Martin Hirst, Blake Lapthorn
Adrian Hughes, 39 Essex Street
Simon Nurney, Macfarlanes
Adam Robb, 39 Essex Street
John Rushton, ICC
Marion Smith, 39 Essex Street
Douglas Wass, Macfarlanes
Ellen Wiles, 39 Essex Street
Sean Wilken, 39 Essex Street
Claudia Wilmot-Smith
"Wilmot-Smith's work is now rightly in its place amongst the standard textbooks on the subject of this fast moving area." - Phillip Taylor MBE, Richmond Green Chambers, The Clapham Omnibus
"a worthwhile book [...] and in particular where one is seeking to have a general view of construction law in the United Kingdom." - Adrian Bellemore, Building and Construction Law
