Publisher's Synopsis
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.
