Full Description
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.
Contents
Part I: The Contract
1: Contracts: Formation and Interpretation, Paul Darling QC and James Bradford
2: Standard Forms of Contract and Bespoke Contracts, John Denis-Smith
3: Extra- Contractual Claims: Unjust Enrichment, Frederick Wilmot-Smith
4: Assignment, Sub- Letting, the Contracts (Rights of Third Parties) Act 1999 and Collateral Warranties, Paul Darling QC and Melissa Shipley
5: The Roles of Professionals, Patrick Hennessey and Philippe Kuhn
6: Tort and Construction Law, Richard Wilmot-Smith QC
7: Exclusion and Limitations of Liability, Jonathan Bellamy and Joe-han Ho
8: Mistake, Misrepresentation, and Frustration, Karim Ghaly QC
9: Guarantee and Indemnity, Hannah McCarthy
10: Certificates and the Right to Payment, David Sawtell and Nicholas Higgs
11: Time for Completion, Nicholas Higgs
12: Damages for Breach of Contract, Daniel Benedyk and Ruth Keating
13: Determination or Forfeiture Clauses, David Hopkins
14: Loss and Expense, Adrian Hughes QC and Gethin Thomas
15: Limitation of Actions, Michael McParland QC and Stephanie David
16: Injunctions and Specific Performance, Kelly Stricklin-Coutinho
17: Bribery, Paul Darling QC
18: Mediation and Alternative Dispute Resolution, Edwin Glasgow QC and Marion Smith QC
19: Adjudication, David Sawtell and Nicholas Higgs
20: International Construction Arbitration, Peter Rees QC, David Brynmor Thomas QC, David Bateson, and Samar Abbas Kazmi
21: Litigation, John Denis-Smith and Peter Hurst
