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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Wilmot-Smith on Construction Contracts 3rd ed

ISBN13: 9780199685882
Previous Edition ISBN: 9780199579594
Published: March 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £332.50

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The third 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 diffiuclt answers.

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.

Richard Wilmot-Smith QC continues to provide an essential source of reference on this area of the law. His modern and practical approach is prevalent throughout this book and has helped to establish it as a key resource for beginners and experienced practitioners alike.

New to this edition:

  • New chapter covering the implications of the Bribery Act 2010
  • Additional material analysing the changes to adjudication proposed in the amendments in the Housing, Grants, Construction, and Regeneration Act 1996 contained in the Local Democracy, Economic Development, and Construction Act 2009.
  • Rewritten chapter on EU and Public Procurement

Construction Law
Part I: The Contract
1. Contracts: Formation
2. Standard Forms of Contract and Bespoke Contracts
3. Extra-Contractual Claims: Unjust Enrichment
4. Assignment And Sub-Letting. The Contracts (Rights of Third Parties) Act 1999. Collateral Warranties
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
Part VI: Competition and Procurement
17. Procurement and the European Community
18. Partnering
Part VII: Disputes
19. Disputes
20. Mediation and Alternative Dispute Resolution
21. Adjudication
22. Arbitration
23. Litigation