By Richard Wilmot-Smith
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.
Contents: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: Adjudication
Appendices1: 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