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Details
The fourth edition of Wilmot Smith on Construction Contracts 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 and gives clear guidance when seeking difficult answers.
Paul Darling Q.C. has joined Richard Wilmot-Smith Q.C. as co-editor. Together they have updated, refined and extended the work's coverage. The author team includes new and high-profile practitioners in the field of international arbitration (including Peter Rees Q.C. and David Bateson) and ADR (with Edwin Glasgow Q.C. joining Marion Smith Q.C. in re-casting the chapter on mediation). David Sawtell has considerably re-cast the chapter on adjudication. The law on extra contractual claims (unjust enrichment) has been substantively revised and updated by a leading expert on unjust enrichment.
The work 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 analyses enforcement of adjudicators' 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.
Richard Wilmot-Smith QC and Paul Darling QC ensure that the work continues to provide an essential source of reference on this area of the law. Their practical approach and reliance on clear exposition is prevalent throughout this book, and it is allied with deep scholarship to secure its position as a definitive work on construction law.
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Part I: The Contract
1: Contracts: Formation
2: Standard Forms of Contract and Bespoke Contracts
3: Extra-Contractual Claims: Unjust Enrichment
4: Assignment And Sub-Letting; The Contracts (Rights of Third Parties) Act 1999; Collateral Warranties
Part II: Liability
5: The Roles of Professionals
6: Tort and Construction Law
7: Exemption and Limitation of Liability Clauses
8: Mistake, Misrepresentation, and Frustration
9: Guarantee and Indemnity
Part III: Performance
10: Certificates and the Right to Payment
11: Time for Completion
Part IV: Breach, Termination, and Damages
12: Damages for Breach of Contract
13: Determination or Forfeiture Clauses
Part V: Claims
14: Loss and Expense
15: Limitation of Action
16: Injunctions and Specific Performance
Part VI: Competition and Procurement
17: Procurement and the European Community
18: Partnering
Part VII: Disputes
19: Disputes
20: Mediation and Alternative Dispute Resolution
21: Adjudication
22: Arbitration
23: Litigation
Appendices
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Richard Wilmot-Smith QC is a barrister at 39 Essex Street Chambers, and a Bencher of Middle Temple.
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Review(s) from previous edition
"It's about time that a new detailed construction law publication hit the shelves, and here it is ...This book is a most welcome addition to any construction lawyer's book shelf, whether for the purposes of an overview or explanation of a general topic, or indeed in order to interrogate a focussed issue within the field of construction contracts. - Nicholas Gould, Fenwick Elliott LLP
"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
