Building Contract Claims - Couverture rigide

Powell-Smith, Vincent; Sims, John

 
9780246119681: Building Contract Claims

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Présentation de l'éditeur

Many building contract claims are ill–founded, often because the basic principles are misunderstood. This highly regarded book examines the legal basis of claims for additional payment, and what can and cannot be claimed under the main forms of contract. It includes chapters dealing with direct loss and expense, liquidated damages, extension of time, concurrency, acceleration, time at large, common law and contractual claims, global claims, heads of claim and their substantiation.

The new fourth edition has been substantially restructured and updated. Nearly 100 additional cases have been added as well as four new contracts : the JCT Construction Management and Major Project contracts, the JCT Standard Form of Domestic Subcontract, and the Engineering and Construction Contract (the NEC Form). The book continues to use the JCT Standard Form (JCT 98) as the basis of the text, with important differences highlighted in the other forms. Seventeen forms are dealt with and they have all been updated since the last edition of this book.

This new edition is essential reading for architects, contract administrators, project managers and quantity surveyors. It will also be invaluable to contractors, contracts consultants and construction lawyers.

David Chappell BA(Hons Arch), MA(Arch), MA(Law), PhD, RIBA has 45 years′ experience in the construction industry, having worked as an architect in public and private sectors, as contracts administrator for a building contractor, as a lecturer in construction law and contract procedures and for the last fifteen years as a construction contract consultant. He is currently the Director of David Chappell Consultancy Limited and frequently acts as an adjudicator. He is Senior Research Fellow and Professor in Architectural Practice and Management Research at the Queen′s University, Belfast. He was appointed Visiting Professor in Practice Management and Law at the University of Central England in Birmingham from 1 March 2003. David Chappell is the author of many articles and books for the construction industry. He is one of the RIBA Specialist Advisors and lectures widely.

Vincent Powell–Smith LLM, DLitt, FCIArb was a practising arbitrator and formerly Professor of Law at the University of Malaya and the International Islamic University, Malaysia. He was author of many books on construction law.

John Sims FRICS, FCIArb, MAE, FRSA is a chartered quantity surveyor now practising as a consultant, arbitrator, adjudicator and mediator in construction disputes. He is author of a number of books on building contracts and arbitration.

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Construction Adjudication
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The Arbitration Act 1996
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In preparation
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Cover design by Workhaus

Présentation de l'éditeur

Many building projects are the subject of claims the assertion of a right, usually by the contractor, to an extension of the contract period or an additional payment under the terms of the building contract. Many of these claims are unsound or ill–founded, often because the basic principles are misunderstood.

This highly regarded book examines the legal basis of claims for extensions of time and additional payment, and what can and cannot be claimed under the main forms of contract. It includes chapters dealing with direct loss and expense, liquidated damages, extension of time, concurrency problems, acceleration, time at large, common law and contractual claims, global claims, and heads of claim and their substantiation. With the publication of the fifth edition, Building Contract Claims has been thoroughly revised to ensure it is fully up to date with the latest contracts, court judgments and building practice. Changes include:

  • Coverage of over 60 additional relevant court cases
  • Coverage of the 2005 JCT contracts suite
  • Coverage of changes to the NEC contract
  • Coverage of additional contracts such as Constructing Excellence; Measured Term Contract and the ACA PPC2000 contract together with the 2005 relevant JCT sub–contracts
  • Important changes to liquidated damages and to extensions of time, and the giving of notices
  • Appendix 1 has been substantially revised

Like its predecessors, the fifth edition of Building Contract Claims will be essential reading for architects, contract administrators, project managers and quantity surveyors, as well as contractors, contracts consultants and construction lawyers.

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