This title helps clarify complex areas of the JCT 05 standard building contract, making it an essential reference for professionals seeking to update their knowledge. The book works through the contract issues thoroughly yet clearly, using case law examples to demonstrate the latest amendments in regards to the Construction Act.
The Joint Contracts Tribunal's (JCT) Standard Form of Building Contract, one of the most common standard contracts used in the UK to procure building work, is updated regularly to take account of changes in legislation and industry practice and relevant court decisions from litigation. The JCT 05 Standard Building Contract: Law and Administration is a second edition to the authors' earlier award-winning The JCT98 Building Contract: Law and Administration, and clarifies complex issues surrounding obligations and rights under the contract. This makes it an essential reference for construction professionals, employers, contractors, and lawyers new to construction seeking to update and consolidate their knowledge. The book also provides the knowledge and understanding of the contract, which are a fundamental part of the education of most students who go on to become managers and leaders in the construction industry. It thoroughly works through the provisions of the contract in simple language, using case law examples and relevant statute to demonstrate approaches to its interpretation.
The Joint Contracts Tribunal issued a new Design and Build Form in 2005, a successor to the JCT Standard Form of Building Contract with Contractor’s Design. It looks substantially different from its predecessor and it is different in structure and often in its wording. This major new edition of David Chappell’s well regarded book has been substantially revised to take account of the new contract terms and different structure. It also considers the standard novation agreements from the CIC and City of London Law Society and more then 70 additional cases. It discusses areas where problems frequently arise: the allocation of design responsibility discrepancies the role of the employer’s agent payment provisions the approval of drawings
Although the majority of construction work these days is carriedout by sub-contractors, there are surprisingly few books dealingwith building sub-contracts and the related law. This book provides a much welcomed guide to the new 2005 JCTStandard Building Sub-Contract (SBCSub and SBCSub/D), which islikely to be the regular sub-contract form used by contractors whenletting works under the radically revised 2005 JCT StandardBuilding Contract. Peter Barnes, who has over 30 years' experience ofcontractor/sub-contractor relationships, provides a clause byclause commentary on the sub-contract, highlighting practicalissues and considering relevant case law. The book will be of interest not only to sub-contractors and maincontractors, but also to other construction professionals andlawyers who need an understanding of the contractual relationshipand allocation of risk between contractors andsub-contractors. The Author Peter Barnes MSc (Construction Law and Arbitration), DipICArb,FCIOB, FCIArb, MRICS, is a Chartered Arbitrator, a registeredadjudicator and a CIArb trained mediator. He has been actively involved in the construction industry foralmost 30 years and has a wide experience of many types ofconstruction work, including building (both new build andrefurbishment), civil engineering, and mechanical and electricalinstallations. He spent many years working for main contractors, undertaking bothsurveying and management roles, and during that time he hasadministered and settled a multitude of sub-contract accounts on avariety of different contracts. His experience with sub-contractscovers both simple and complex contracts and has involved detailedexamination of contractual entitlements. His practical backgroundhas led to an in-depth understanding of the allocation of risks incontractor/sub-contractor relationships. Since becoming a consultant, Peter Barnes has represented manyparties in both adjudications and arbitrations, has acted as anexpert witness in respect of both liability and quantum, and hasbeen appointed as adjudicator by both the Chartered Institute ofArbitrators and the Construction Industry Council. His wide experience base has led to him being appointed to thecommittees of the Chartered Institute of Building Eastern Branch,the Chartered Institute of Arbitrators East Anglia Branch, and theInstitution of Civil Engineering Surveyors Anglia and CentralBranch. Also of Interest The Law & Management of Building Subcontracts Second Edition John McGuinness 1 4051 6102 7 978 14051 6102 2 The JCT Intermediate Building Contracts Third Edition David Chappell 1 4051 4049 6 978 14051 4049 2 The JCT Minor Works Building Contracts 2005 Fourth Edition David Chappell 1 4051 5271 0 978 14051 5271 6 The NEC 3 Engineering and Construction Contract Second Edition Brian Eggleston 0 6320 5386 0 978 06320 5386 5 Building Contract Casebook Fourth Edition Michael Furmston 1 4051 1881 4 978 14051 1881 1 One Hundred and Fifty Contractual Problems and theirSolutions Second Edition Roger Knowles 1 4051 2070 3 978 14051 2070 8 Cover design by Workhaus
The fourth edition of this unparalleled text has been thoroughly revised to provide the most up-to-date and comprehensive coverage of the legislation, administration and management of construction contracts. Introducing this topic at the core of construction law and management, this book provides students with a one-stop reference on construction contracts. Significant new material covers: procurement tendering developments in dispute settlement commentary on all key legislation, case law and contract amendments up to July 2007. In line with new thinking in construction management research, this authoritative guide is essential reading for every construction undergraduate and an extremely useful source of reference for practitioners.
Liquidated damages and extensions of time are complex subjects,frequently forming the basis of contract claims made under thestandard building and civil engineering contracts. Previouseditions of Liquidated Damages and Extensions of Time are highlyregarded as a guide for both construction industry professionalsand lawyers to this complex area. The law on time and damages continues to develop with an increasingflow of judgments from the courts. Alongside this, the standardforms of contract have also developed over time to reflectprevailing approaches to contractual relationships. Against thisbackground a third edition will be welcomed by constructionprofessionals and lawyers alike. Retaining the overall approach ofthe previous editions, the author clarifies, in a highly readablebut legally rigorous way, the many misunderstandings on time anddamages which abound in the construction industry. The thirdedition takes account of a large volume of new case law since theprevious edition was published over ten years ago, includes a newchapter on delay analysis and features significantly expandedchapters on penalty clauses, the effects of conditions precedentand time-bars, and the complexities of causation.
Ideal for first year Undergraduate students taking law modules on Construction, Surveying, Planning and Engineering courses, Galbraith’s Building and Land Management Law for Students is an excellent overview of the key legal issues in the construction industry. Clearly written and wide ranging coverage of key legal principles by construction lecturers and professionals, this textbook highlights the need for students on construction related courses to access information on how the law relates to them, without getting into the dry, heavy detail of the full scale legal texts. This sixth edition has been fully updated and covers the latest JCT Standard Form Building Contract requirements and key EU directives, including Corporate Manslaughter, Employment Law, Tenant Planning Law regulations and Health and Safety acts.
A compilation of commentaries on the various jurisdictions where there either is, or is planned, a statutory adjudication system , this is a review of such systems worldwide in the commercial and construction fields. It features analysis by specialist advisory editors on the adjudication system in place in each separate jurisdiction, together with a copy of the relevant local legislation, and permits a comparative approach between each. This book addresses statutory adjudication in a way that is practically useful and academically rigorous. As such, it remains an essential reference for any lawyer, project manager,contractor or academic involved with the commercial and construction fields.
Now in its second edition, Construction Law is the standard work of reference for busy construction law practitioners, and it will support lawyers in their contentious and non-contentious practices worldwide. Published in three volumes, it is the most comprehensive text on this subject, and provides a unique and invaluable comparative, multi-jurisdictional approach. This book has been described by Lord Justice Jackson as a "tour de force", and by His Honour Humphrey LLoyd QC as "seminal" and "definitive". This new edition builds on that strong foundation and has been fully updated to include extensive references to very latest case law, as well as changes to statutes and regulations. The laws of Hong Kong and Singapore are also now covered in detail, in addition to those of England and Australia. Practitioners, as well as interested academics and post-graduate students, will all find this book to be an invaluable guide to the many facets of construction law.
Updated throughout for this fourth edition, The Law of Construction Disputes maintains its position as a leading source of authoritative and detailed information on the whole area of construction law including contracts and their performance, third parties, pursuing claims and dispute resolution. The book covers the construction dispute process by analysing the main areas from which disputes arise, up-to-date case law, and how to effectively deal with construction project disputes once they have arisen. It provides the legal practitioner with all the case law needed in one concise volume, and examines the methods and methodology of construction law, not only for a common law context, but also under other legal systems. Readers will be guided through the various international contract formats governing construction alongside applicable case law. Additionally, they will be shown the correct contract provisions and forms used to prevent disputes from escalating to reach successful conclusions without litigation. Featuring expert advice and many relevant reference materials, this book is an extremely helpful guide to legal practitioners in this field of law and to construction professionals.