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Vol 21 No 10 Oct/Nov 2016

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Issues in Construction Law: Formation of Contract, Terms and Interpretation


ISBN13: 9780955729317
Published: September 2012
Publisher: Daniel Atkinson Ltd
Country of Publication: UK
Format: Hardback
Price: £190.00



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The book concentrates on the issues that may affect the formation of contract. The essential requirements are examined of agreement, certainty, intention to create legal relations and capacity in the context of construction practice.

Factors which may affect formation are examined in detail including mistake, misrepresentation, economic duress, undue influence, illegality and lack of formality. Particular attention is devoted to the admissibility of evidence.

A significant part of the book examines the implication of terms including various legislation relevant to construction practice as well as particular terms such as non-impedance and cooperation.

The final chapter of the book deals with the interpretation of the contract, setting out the relevant legal principles, examines the various forms of estoppel and examines particular types of terms such as deeming provisions, entire agreement clauses, exhaustive remedy clauses and penalties. The commercial approach to interpretation is dealt with in detail including correction by construction for mistakes and rectification.

The book is an easily readable reference book provides practical insight into the issues of contract formation, implication and interpretation of terms. It is a must for lawyers and anyone involved in the commercial aspects of construction contracts and dispute resolution.

Subjects:
Construction Law
Contents:
CHAPTER 1 FORMATION OF CONSTRUCTION CONTRACT
Construction Practice Requirements for Creation of a Contract
The Effect of Mistake Rescission for Misrepresentation
Defence of Economic Duress
Defence of Undue Influence
Estoppel by Convention
Illegality and Unenforceability
Admissibility of Evidence

CHAPTER 2 FORMALITY
Construction Practice
Contracts of Guarantee & Indemnity
Contracts of "Collateral Warranty"
Deeds
Manner of Contract Formation
Rights in Relation to the Contract Adjudication & Arbitration

CHAPTER 3 INCORPORATION BY REFERENCE
Construction Practice
General Principles
Notice
Standard Terms
Usual Terms Between the Parties
Phrases of Incorporation
Third Party Contract Terms
Arbitration and Jurisdiction Clauses

CHAPTER 4 INCOMPLETE EXPRESS AGREEMENT
Construction Practice
General Principles
Essential Terms
Incomplete Identification of Terms

CHAPTER 5 IMPLIED TERMS
Construction Practice
General Principles
Terms Imposed by Legislation
Terms Implied by Construction
Terms Implied by Market Usage
Terms Imported by Rule of Law
Particular Types of Implied Terms
Entire Agreement Clauses and Implied Terms

CHAPTER 6 INTERPRETATION OF CONTRACTS
The Essential Problems
Jurisprudence of Interpretation
Legal Principles
Conventional Meaning
Maxims and Canons of Construction Business
Common Sense and Absurdity
Ambiguity
Mistake in Language
Admissible Extrinsic Evidence
Estoppel by Convention
Estoppel by Representation
Contractual Estoppel
Estoppel by Deed
Deeming Provisions
Entire Agreement Clauses
Exclusion of Liability Clauses
Indemnity Clauses
Exhaustive Remedy Clauses ;Penalties Rectification