基本説明
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.
Full Description
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 CONTRACT; 1. Contracts: Formation and Interpretation; 2. Standard Forms of Contract and Bespoke Contracts; 3. Quantum Meruit; 4. Assignment and Sub-Letting and the Contracts (Rights Against Third Parties) Act 1999; 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; 17. Bankruptcy and Insolvency; PART VI: PROCUREMENT, COMPETITION IN THE EUROPEAN COMMUNITY AND PARTNERING; 18. Procurement and the European Community; 19. Partnering; PART VII: DISPUTES; 20. Mediation and Alternative Dispute Resolution; 21. Arbitration; 22. Litigation; 23. Adjudication; APPENDICES; 1. Housing Grants, Construction and Regeneration Act 1996; 2. Scheme for Construction Contracts; 3. Housing Grants, Construction and Regeneration Act 1996 amended by the Local Deomcracy, Economic Development and Construction Act 2009; 4. Protocol for the Instruction of Experts to give Evidence in Civil Claims; 5. Technology and Construction Court Guide
