Subjects:

Construction Law

Contents:

Preface Abbreviations Table of cases Table of statutes Table of rules
1. Forms of contract
2. Contractual procedure
3. Terms of the contract
4. Payment under lump-sum contracts
5. Preliminary considerations
6. Who to sue
7. To arbitrate or to litigate?
8. Litigation in the High Court
9. Summary judgement and interim payment
10. Section 4 Summonses
11. Official Referees' business
12. Pleadings
13. Discovery and inspection of documents
14. Expert evidence
15. Dismissal for want of prosecution
16. Arbitration
17. Limitation of actions
18. Settlement and Alternative Dispute Resolution
19. Value Added Tax
20. Quantum of damages
21. Retrospective Delay Analysis Appendix A: Glossary Appendix B: Selected JCT and NSC 4 Provisions Appendix C: The ORSA Protocol Appendix D: Limitation Acts Questionnaire Index.

The ways in which to settle building contract disputes of all types are demonstrated in this book. Practitioners will find information on a variety of procedural reforms along with reproductions of selected provisions of JCT and NSC/4 contracts. The book deals at length with the Privy Council decision in Wharf Properties v Eric Cumine and subsequent cases, as they have important implications on the way practitioners should handle their disputes. Other decisions in recent years have also fundamentally changed the law of tort, such as Murphy v Brentwood District Council, and have been included. There is an increasing use of collateral warranties by developers and financiers in the construction industry, and a description of the common clauses found in these warranties has been included. The use of computer analysis in the preparation of claims is considered, and the treatment of alternative dispute resolution as a form of resolving building disputes has been expanded in this edition.