The Law and Practice of Complex Construction Projects

Author: Fabio Solimene
Publisher: Routledge
ISBN: 9781032481609
Published In: March 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Presenting readers with all the need-to-know information on complex construction projects within a single publication, this book expertly focuses on practical issues whilst also providing insights on the law applying to construction projects.

As well as exploring individual subjects such as the negotiation of a contract, the evaluation of a claim or assistance in relation to contractual disputes, the book also creates an overarching understanding of the entire life of a project. It presents an inside view on the various stages of complex projects, from the moment they are conceived to the end of the contractual relation between employer and contractor, including any disputes between the parties. The reader will become familiar with the terminology used in the construction industry, the various phases of complex construction projects, the law applying to each phase, and the various deliverables produced by the parties throughout the project. While including sections on the law applying to each phase, the book’s primary focus is on the practical aspects faced on a daily basis by practitioners working in the construction industry.

This book is important reading for professionals involved in construction law at every level, including relevant academics, government employees and lawyers. It will also serve as a useful book for students, providing a comprehensive overview of the many factors and phases of a complex construction project.
PART ONE - THE PRE-CONTRACTUAL PHASE
Chapter 1: The pre-tender phase.
Chapter 2: The tender phase.
Chapter 3: The award phase
PART TWO - INTRODUCTION TO CONSTRUCTION CONTRACTS Chapter 4: Elements of an enforceable construction contract.
Chapter 5: Main categories of construction contracts
PART THREE - CONTRACT NEGOTIATION: CLAUSES SPECIFIC TO CONSTRUCTION CONTRACTS.
Chapter 6: General contract negotiation issues.
Chapter 7: Price and Payment.
Chapter 8: Guarantees.
Chapter 9: Contract Participants.
Chapter 10: The Site.
Chapter 11: Design.
Chapter 12: Labour, health and safety.
Chapter 13: Performance.
Chapter 14: Time.
Chapter 15: Suspension.
Chapter 16: Variations.
Chapter 17: Taking over.
Chapter 18: Defects.
Chapter 19: Insurance.
Chapter 20: Indemnities.
Chapter 21: Exclusion and limitation of liability.
Chapter 22: Claims
PART FOUR - CONTRACT NEGOTIATION: GENERAL AND “BOILER PLATE” CLAUSES
Chapter 23: General Issues.
Chapter 24: Other general obligations.
Chapter 25: Liability issues.
Chapter 26: Environmental, social and governance issues.
Chapter 27: Supervening events affecting the parties’ obligations.
Chapter 28: Termination.
Chapter 29: Governing law and dispute resolution
PART FIVE - THE CONTRACT: INTERPRETATION AND EXECUTION
Chapter 30: Implied terms.
Chapter 31: Interpretation of construction contracts
PART SIX - CONTARCT EXECUTION
Chapter 32: Capacity.
Chapter 33: Authority.
Chapter 34: Form and formalities
PART EIGHT - DEFENCES FOR NON-PERFORMANCE
Chapter 35: Misrepresentation, illegality, mistake and duress.
Chapter 36: Prevention and force majeure.
Chapter 37: Suspension, termination and set-off
PART NINE - REMEDIES
Chapter 38: Remedies.
Chapter 39: Breach of contract and negligence
PART TEN - CLAIMS
Chapter 40: General aspects of claims in construction contracts.
Chapter 41: Claims against the employer.
Chapter 42: Claims against the contractor. PART TEN - DISPUTES.
Chapter 43: Litigation, arbitration and alternative dispute resolution