Construction Practice Series – serie

Now in its sixth edition, Delay and Disruption in Construction Contracts retains its position as a foremost guide to the complex issues arising in the course of construction contracts, with robustly-updated content throughout and the addition of several new chapters, with a focus upon such topics as standard form provisions for the recovery of loss or expense, and Chinese and Peruvian construction law, amongst others.Expertly covering the manner in which delay and disruption should be considered at each stage of a construction project, from inception to completion and beyond, this book includes:Insight from an international team of specialist advisory editorsComparative analysis of the law in this field in Australia, Canada, England and Wales, Hong Kong, Ireland, New Zealand, the United States and in civil law jurisdictionsCommentary upon, and comparison of, standard forms from Australia, Ireland, New Zealand, the United Kingdom, USA and elsewhere, including several new formsChapters on adjudication, dispute boards and the civil law dynamicExtensive coverage of Building Information ModellingNew chapters on Chinese, Nordic, Peruvian, Singaporean and Malaysian construction lawNew in-depth discussion of the JCT 2016 suiteUpdated case law, linked directly to the principles explained in the text.This book is an essential reference for any lawyer, dispute resolver, project manager, architect, engineer, contractor, or academic involved in the construction industry.

This book collects all the relevant material regarding the process of adjudication in construction. It provides clarity for those involved in the adjudication process or related proceedings with detailed and reliable analysis of them supported by statutory provisions and judicial observations. Adjudication in Construction Law discusses the role of ‘true value’ adjudications following smash and grab decisions on the basis of the absence of a pay less notice, the restraint of adjudication by injunction, hybrid contracts dealing with both construction operations and other operations and timing and content of payment notices and pay less notices. Additionally, this book includes a summary of the different procedures adopted in other jurisdictions, as well as an explanation of the payment procedures under the statutory framework. It also goes on to append all the relevant statutory material, contractual adjudication procedures and forms. A new feature of this edition is a detailed analysis and discussion of the development and of the ‘rules’ relating to the acceptability of a wrong answer provided that the right question has been dealt with, only one dispute being susceptible to adjudication and the necessity or otherwise of a dispute ‘arising under’ the construction contract.A clear and comprehensive aid, this book is an essential read for lawyers or construction professionals involved in adjudication.

This book collects all the relevant material regarding the process of adjudication in construction. It provides clarity for those involved in the adjudication process or related proceedings with detailed and reliable analysis of them supported by statutory provisions and judicial observations. Adjudication in Construction Law discusses the role of ‘true value’ adjudications following smash and grab decisions on the basis of the absence of a pay less notice, the restraint of adjudication by injunction, hybrid contracts dealing with both construction operations and other operations and timing and content of payment notices and pay less notices. Additionally, this book includes a summary of the different procedures adopted in other jurisdictions, as well as an explanation of the payment procedures under the statutory framework. It also goes on to append all the relevant statutory material, contractual adjudication procedures and forms. A new feature of this edition is a detailed analysis and discussion of the development and of the ‘rules’ relating to the acceptability of a wrong answer provided that the right question has been dealt with, only one dispute being susceptible to adjudication and the necessity or otherwise of a dispute ‘arising under’ the construction contract.A clear and comprehensive aid, this book is an essential read for lawyers or construction professionals involved in adjudication.

Nuclear Power Plant Development covers the intricacies of developing a nuclear power plant project from a construction and legal standpoint. It deals with structuring, drafting, and negotiating a wide range of standard and specialised contracts relating to the development of nuclear power-generation projects and also covers the other forms of power-generating facilities. It covers the forms of contract, the law involved internationally, and potential areas of pitfalls and how to avoid them in a systematic format covering various forms of projects. It is suitable for solicitors and barristers involved in the contracting for such facilities and the handling of litigation related to them, government officials involved in the commissioning and development of nuclear facilities for regional governments, and engineers and contractors involved in the actual work of design and contract administration and dispute resolution.

This book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR). Covering four general themes, this book discusses: the increasing internationalisation of dispute resolution in construction law; the increasing reliance on technology in the management of construction projects and construction arbitration/ADR; the increasing prominence of collaborative contracting in construction and infrastructure projects; the increasing importance of contractual adjudication such as dispute boards in construction and infrastructure projects; the increasing prevalence of statutory adjudication mechanisms across the world; and the greater incidence of investment disputes and disputes against States and State entities over construction and infrastructure concessions and agreements.Tapping on their substantial expertise in practice and in research, the contributor team of senior practitioners and academics in the area of construction law and dispute resolution provide readers with information that balances an intellectually rigorous academic contribution against the backdrop of real concerns raised in practice.Construction Arbitration and Alternative Dispute Resolution is an invaluable resource for practitioners in the field, academics in arbitration and construction law, and post-graduate students in construction law and dispute resolution.

The Technology and Construction Court ("TCC") deals with legal cases that often require specialist technical expertise. This can lead to complex and sometimes lengthy proceedings. In light of the Jackson reforms and developments in cost controls in the TCC, the manner in which claims are handled is of paramount commercial importance to lawyers and lay clients alike.This book provides a practical, but intellectually informative guide to dealing with proceedings in the TCC. Looking at the different types of claims which are commonly, and not so commonly, brought in this court, it considers different potential approaches to such claims depending on the circumstances in which parties find themselves. This is a genuine practitioners’ guide, with the principal focus on expeditious, cost-effective case management. Construction practitioners at the Bar, solicitors, adjudicators, arbitrators, and in-house counsel alike, will all find it an invaluable reference for their practice.

What is professional negligence? What are the obligations of construction professionals in contract and in tort? In what circumstances might the difference between the obligations be important? These questions are of crucial importance not only to construction lawyers but also to contractors, architects, quantity surveyors, engineers, project managers, and multi-disciplinary practitioners. With an emphasis on the practical aspects of professional negligence in the construction industry and written in a straightforward yet authoritative way, this book is ideal for lawyers and students of construction and law as well as construction professionals at all levels.

Construction Insurance and UK Construction Contracts has long been the premier text for legal professionals looking for a combined analysis of construction contracts and their relation to insurance law. In a new and updated third edition, this book continues to provide in-depth commentary and pragmatic advice on all the most important regulations and policies surrounding contracts and insurance in the construction industry.This book covers subjects such as: Minor, intermediate and major project construction contractsClasses of insurance contractThe role of insurance brokersRisks in construction and legal liabilityProfessional indemnity insurance and directors' and officers' liability insuranceBonds and insuranceLatent defect insurance Property insuranceHealth and Safety and Construction Regulations Contract Insurance FIDIC, JCT and NEC 3 regulationsPFI/PPP projects in the UKDispute resolution This book is a vital reference tool and practical guide for lawyers and in-house counsels involved in the construction industry as well as project managers, quantity surveyors, construction contractors, architects and engineers needing advice from an experienced legal perspective.

This book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR). Covering four general themes, this book discusses: the increasing internationalisation of dispute resolution in construction law; the increasing reliance on technology in the management of construction projects and construction arbitration/ADR; the increasing prominence of collaborative contracting in construction and infrastructure projects; the increasing importance of contractual adjudication such as dispute boards in construction and infrastructure projects; the increasing prevalence of statutory adjudication mechanisms across the world; and the greater incidence of investment disputes and disputes against States and State entities over construction and infrastructure concessions and agreements.Tapping on their substantial expertise in practice and in research, the contributor team of senior practitioners and academics in the area of construction law and dispute resolution provide readers with information that balances an intellectually rigorous academic contribution against the backdrop of real concerns raised in practice.Construction Arbitration and Alternative Dispute Resolution is an invaluable resource for practitioners in the field, academics in arbitration and construction law, and post-graduate students in construction law and dispute resolution.

Chern on Dispute Boards examines the law of dispute boards and their development internationally, while also covering procedural topics that are of particular concern to those utilising dispute boards. It deals with advanced practitioner issues in the emerging law of dispute boards on an international scale, laying out their methods and methodology not only under the common law, but also under other legal systems such as Civil law and Shari’ah law. Excelling in describing the "how and why", this book also gives samples and/or forms of actual working dispute boards that any practitioner could use and adapt to their own needs.This updated fourth edition explains the various international formats and types of dispute boards in use today and brings readers up-to-date on the ever-evolving law within the field. The text guides the reader through the complexities of actual commercial and construction disputes and their successful resolution and also presents a way forward for the dispute board members themselves to administer actual dispute boards all over the world.This book is essential reading for construction lawyers, engineers and dispute board stakeholders worldwide.

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.

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.

The construction industry routinely operates across international borders, which means that construction professionals need to have a good understanding of how legislation in different jurisdictions might affect their work. This book is an in-depth analysis of international construction law from all the major jurisdictions of the world, alongside their relevant contract law principles, helping the reader to prepare for the complexity of an international construction project.The book begins by introducing the major families of law, before looking at individual jurisdictions. Each chapter is written by an experienced legal professional operating in that region and covers subjects such as: taking over, defects liabilities, warranties, design issues, termination, bonds and guarantees, limitation of liability, and more. The systems included are:German civil system (Germanic code)French civil system (Napoleonic code)English common law systemGCC countries civil law system (with emphasis on UAE, Qatar, Saudi Arabia, and Egypt)Nordic legal systemChinese civil systemFinally, the book will discuss the national standard construction contracts used in the differing legal systems and the widely used FIDIC contracts.The combination of truly international coverage with the practical insight of experienced practitioners means that this book will be invaluable to any professional involved in the construction industry including lawyers, project managers, contractors, and investors as well as academics in the field.

Remedies in Construction Law brings together various well-established strands of the law and considers practical remedies for breach of contract and tort in connection with construction projects.The third edition brings the text up to date with significant new cases in respect of duress, force majeure and liquidated damages. It also features new content on retention clauses, remedies associated with Grenfell Tower type cladding, bonds and variation clauses.This book continues to be a vital reference to lawyers and construction professionals seeking specialist insight into how remedies function in the construction sector.

Remedies in Construction Law brings together various well-established strands of the law and considers practical remedies for breach of contract and tort in connection with construction projects.The third edition brings the text up to date with significant new cases in respect of duress, force majeure and liquidated damages. It also features new content on retention clauses, remedies associated with Grenfell Tower type cladding, bonds and variation clauses.This book continues to be a vital reference to lawyers and construction professionals seeking specialist insight into how remedies function in the construction sector.

Marking the 35th anniversary of the Centre of Construction Law & Dispute Resolution at King’s College London, this volume brings together a large and illustrious group of contributors to create a comprehensive and authoritative guide cutting across all key areas of contemporary construction law, ranging from construction arbitration to procurement and contract law.It takes an international approach to construction law and considers issues such as investor-State dispute settlement, insolvency and liquidated damages in civil law and common law jurisdictions and procurement from a comparative perspective, as well as certain key common law/English law topics (such as fitness for purpose) that are of relevance to an international audience.The book provides detailed and practical guidance to the legal framework of the construction industry for barristers, solicitors, arbitrators, adjudicators, academics, contract managers, construction consultants and quantity surveyors, among others.

Marking the 35th anniversary of the Centre of Construction Law & Dispute Resolution at King’s College London, this volume brings together a large and illustrious group of contributors to create a comprehensive and authoritative guide cutting across all key areas of contemporary construction law, ranging from construction arbitration to procurement and contract law.It takes an international approach to construction law and considers issues such as investor-State dispute settlement, insolvency and liquidated damages in civil law and common law jurisdictions and procurement from a comparative perspective, as well as certain key common law/English law topics (such as fitness for purpose) that are of relevance to an international audience.The book provides detailed and practical guidance to the legal framework of the construction industry for barristers, solicitors, arbitrators, adjudicators, academics, contract managers, construction consultants and quantity surveyors, among others.

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.

Changes to the work on construction projects are a common cause of dispute. Such variations lead to thousands of claims in the UK every year and many more internationally. Liability for variations is not only relevant to claims for sums due for extra work but this is also an important underlying factor in many other construction disputes, such as delay, disruption, defects and project termination. This is the first book to deal exclusively with variations in construction contracts and provide the detailed and comprehensive coverage that it demands. Construction Contract Variations analyses the issues that arise in determining whether certain work is a variation, the contractor’s obligation to undertake such work as well as its right to be paid. It deals with the employer’s power to vary and the extent of its duties to approve changes. The book also analyses the role of the consultant in the process and the valuation of variations. It reviews these topics by reference to a range of construction contracts. This is an essential guide for practitioners and industry professionals who advise on these issues and have a role in managing, directing and compensating change. Participants in the construction industry will find this book an invaluable guide, as will specialists and students of construction law, project management and quantity surveying.

This second edition of International Contractual and Statutory Adjudication uniquely offers a comprehensive compilation of every relevant statute, contract, or set of rules, pertaining to contractual and statutory adjudication, all in one place. When the first edition was published in 2017, its chapters covered twelve different jurisdictions worldwide, in addition to England and Wales, together with three sets of institutional rules. In the ensuing years, statutory and contractual adjudication are coming into place in several further jurisdictions, including Hong Kong, Mauritius and Thailand, which are reflected in the book with new dedicated chapters and an appendix comparing adjudication review mechanisms. The editor, together with his expert team of specialist international correspondents, reviews the available systems in each jurisdiction and also compares and contrasts such systems. The book includes all relevant legislation where available, by way of on-line zipped appendices. This book is written for legal practitioners, the judiciary, construction industry practitioners and policy makers and/or government officials, especially in jurisdictions where related legislation has either been recently published or is being planned.

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.

What is professional negligence? What are the obligations of construction professionals in contract and in tort? In what circumstances might the difference between the obligations be important? These questions are of crucial importance not only to construction lawyers but also to contractors, architects, quantity surveyors, engineers, project managers, and multi-disciplinary practitioners. With an emphasis on the practical aspects of professional negligence in the construction industry and written in a straightforward yet authoritative way, this book is ideal for lawyers and students of construction and law as well as construction professionals at all levels.

The Technology and Construction Court ("TCC") deals with legal cases that often require specialist technical expertise. This can lead to complex and sometimes lengthy proceedings. In light of the Jackson reforms and developments in cost controls in the TCC, the manner in which claims are handled is of paramount commercial importance to lawyers and lay clients alike.This book provides a practical, but intellectually informative guide to dealing with proceedings in the TCC. Looking at the different types of claims which are commonly, and not so commonly, brought in this court, it considers different potential approaches to such claims depending on the circumstances in which parties find themselves. This is a genuine practitioners’ guide, with the principal focus on expeditious, cost-effective case management. Construction practitioners at the Bar, solicitors, adjudicators, arbitrators, and in-house counsel alike, will all find it an invaluable reference for their practice.

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.

The construction industry routinely operates across international borders, which means that construction professionals need to have a good understanding of how legislation in different jurisdictions might affect their work. This book is an in-depth analysis of international construction law from all the major jurisdictions of the world, alongside their relevant contract law principles, helping the reader to prepare for the complexity of an international construction project.The book begins by introducing the major families of law, before looking at individual jurisdictions. Each chapter is written by an experienced legal professional operating in that region and covers subjects such as: taking over, defects liabilities, warranties, design issues, termination, bonds and guarantees, limitation of liability, and more. The systems included are:German civil system (Germanic code)French civil system (Napoleonic code)English common law systemGCC countries civil law system (with emphasis on UAE, Qatar, Saudi Arabia, and Egypt)Nordic legal systemChinese civil systemFinally, the book will discuss the national standard construction contracts used in the differing legal systems and the widely used FIDIC contracts.The combination of truly international coverage with the practical insight of experienced practitioners means that this book will be invaluable to any professional involved in the construction industry including lawyers, project managers, contractors, and investors as well as academics in the field.

FIDIC Contracts: Law and Practice is sure to become the leading industry standard guide to using the FIDIC forms, and is the only book to date which deals with the whole suites of contracts, including the new gold book for Design, Build and Operate projects. The White & Case work is outstanding in its detailed consideration and treatment of the legal aspects of the interpretation and application of the Conditions, touching on many points that most people would not have encountered.Humphrey LLoyd, International Construction Law Review [2010] ICLR 386

Changes to the work on construction projects are a common cause of dispute. Such variations lead to thousands of claims in the UK every year and many more internationally. Liability for variations is not only relevant to claims for sums due for extra work but this is also an important underlying factor in many other construction disputes, such as delay, disruption, defects and project termination. This is the first book to deal exclusively with variations in construction contracts and provide the detailed and comprehensive coverage that it demands. Construction Contract Variations analyses the issues that arise in determining whether certain work is a variation, the contractor’s obligation to undertake such work as well as its right to be paid. It deals with the employer’s power to vary and the extent of its duties to approve changes. The book also analyses the role of the consultant in the process and the valuation of variations. It reviews these topics by reference to a range of construction contracts. This is an essential guide for practitioners and industry professionals who advise on these issues and have a role in managing, directing and compensating change. Participants in the construction industry will find this book an invaluable guide, as will specialists and students of construction law, project management and quantity surveying.