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CONSTRUCTION CONTRACTS LAW AND PRACTICE


WILMOT-SMITH R.

wydawnictwo: OXFORD , rok wydania 2006, wydanie I

cena netto: 940.00 Twoja cena  893,00 zł + 5% vat - dodaj do koszyka

Fills a gap for a fresh approach to construction contracts
Practical approach assists in finding solutions to specific problems
This book originally covers arbitration and adjudication alongside the substantive law of construction contracts
Written by an experienced, respected practitioner guaranteeing this book is of the highest quality
Well structured and user-friendly for todays practitioner
Companion web site provides updates and a discussion forum

This new and practical book has a fresh approach to the law and practice relating to construction contracts in the UK. Divided into three main parts, the work deals with the substantive law and modern dispute resolution procedures in the field of construction.

Construction Contracts: Law and Practice is unique in its coverage of adjudication and arbitration. Detailed consideration is given as to when adjudication might be relevant, who can start claims, how they are started and the steps that need to be taken to bring them to a conclusion. These are all examined with reference to practical examples and advice. Mediation is also discussed within this section, taking the reader through the practicalities of how it is started, what is expected from a mediator and how a construction mediation ends. Arbitration practice specific to construction cases is covered here including a look at fast-track matters.

The first part of the work reinforces the general law of contract beginning with offer and acceptance and contract formation. Then the author moves on to consider the aspects that relate specifically to construction matters dealing in turn with topics such as certificates, forfeiture clauses and liquidated damages as well as discussing the varied roles of professionals: engineers; quantity surveyors; and project surveyors.

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.

This up-to-date, modern text on the law and practice relating to construction contracts will be valuable to all practitioners and professionals in the industry.

Accompanied by a companion web site which will provide updates per chapter and a discussion area where views relating to the book can be raised.

Readership: Solicitors and barristers practising in construction law; construction professionals, architects and engineers.


Table of 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 and 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: Disputes
18 Adjudication
19 Mediation and Alternative Dispute Resolution
20 Arbitration
21 Litigation
Part VII: Procurement and Competition in the European Community
22 Procurement and The European Community
Appendices
Supply of Goods and Services Act 1982
Housing Grants, Construction and Regeneration Act 1996
Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998/649)
Contracts (Rights of Third Parties) Act 1999
Party Wall etc Act 1996
Misrepresentation Act 1967
Protocol for the Instruction of Experts to give Evidence in Civil Claims
Technology and Construction Court Guide
ICC Rules

Hardcover
780 pages

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