Construction Contracts Law and Management 5th Edition by Will Hughes, Ronan Champion, John Murdoch – Ebook PDF Instant Download/Delivery: 9780415657044 ,0415657040
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ISBN 10: 0415657040
ISBN 13: 9780415657044
Author: Will Hughes, Ronan Champion, John Murdoch
The fifth edition of this bestselling textbook has been thoroughly revised to provide the most up-to-date and comprehensive coverage of the legislation, administration and management of construction contracts. It now includes comparisons of working with JCT, NEC3, and FIDIC contracts throughout.
Introducing this topic at the core of construction law and management, this book provides students with a one-stop reference on construction contracts. Significant new material covers:
- procurement
- tendering
- developments in dispute settlement
- commentary on all key legislation, case law and contract amendments
In line with new thinking in construction management research, this authoritative guide is essential reading for every construction undergraduate and an extremely useful source of reference for practitioners.
Construction Contracts Law and Management 5th Table of contents:
1 UK construction sector context
1.1 The nature of the sector
1.2 The nature of professionalism in construction
1.3 The nature of projects
1.4 Procurement methods
2 Roles and relationships
2.1 Common problems
2.2 Client roles
2.3 Consultant roles
2.4 Professional services agreements
2.5 Architect
2.6 Quantity surveyor
2.7 Typical terms in professional services agreements
2.8 Integrated documentation
3 General contracting
3.1 Background
3.2 Use of general contracting
3.3 Basic characteristics
3.4 Risk in general contracting
3.5 Standardized approaches to general contracting
4 Design-build
4.1 Background
4.2 Features of DB contracts
4.3 Use of the JCT design build form (JCT DB 11)
4.4 Characteristics of JCT DB 11
4.5 Risk in DB
4.6 Approaches to DB
5 Construction management
5.1 Background
5.2 Use of construction management contracts
5.3 Principles of CM contracting
5.4 Overview of JCT CM Contract
5.5 Allocation of risk in construction management
5.6 Approaches to construction management
6 Collaborative contracting
6.1 Background
6.2 Use of collaborative contracting
6.3 Principles of collaborative contracting
6.4 Characteristics of collaborative contracting
6.5 Risk in collaborative contracting
6.6 Approaches to collaborative contracting
7 Risk allocation and procurement decisions
7.1 Types of risk in construction contracts
7.2 Dealing with risk
7.3 Procurement
7.4 Identifying and choosing procurement methods
7.5 Characteristics of procurement methods
8 Contract choice
8.1 Use of standard contracts
8.2 Contract drafting
8.3 JCT contracts
8.4 Other standard-form contracts
8.5 The burgeoning landscape of standard forms
9 Tendering and contract formation
9.1 The meaning of construction contracts
9.2 The formation of contracts by agreement
9.3 Contracts made by tender
10 Liability in contract and tort
10.1 Express terms
10.2 Exemption clauses
10.3 Incorporation by reference
10.4 Implied terms
10.5 Liability in tort for negligence
11 Contractor’s obligations
11.1 Standard of work
11.2 Statutory obligations
11.3 Co-ordination and management
11.4 Transfer of materials
12 Employer’s obligations
12.1 Implied obligations
12.2 Employer’s express obligations
12.3 Responsibility for the contract administrator
12.4 Responsibility for site conditions
12.5 Health and safety
13 Responsibility for design
13.1 Design management
13.2 Design duties in law
13.3 Legal responsibility for design
14 Time
14.1 Commencement
14.2 Progress
14.3 Completion
14.4 Contractor’s obligations after completion
14.5 Adjustments of time
15 Payment
15.1 Employer’s obligation to pay
15.2 The contract sum
15.3 Variations
15.4 Fluctuations
15.5 Retention money
16 Contractors’ delay and disruption costs
16.1 Contract claims and damages
16.2 Grounds for contractual claims
16.3 Claims procedures
16.4 Quantification of Claims
17 Insurance and bonds
17.1 Insurance
17.2 Bonds and guarantees
18 Role of the contract administrator
18.1 Contract administrator as the employer’s agent
18.2 Contract administrator as independent certifier
19 Sub-contracts
19.1 Reasons for the prevalence of sub-contracting
19.2 The legal basis of sub-contracting
19.3 The contractual chain
19.4 Domestic sub-contracts
19.5 Defaults of sub-contractors
19.6 Rights of sub-contractors
19.7 Collateral warranties
19.8 Employer selection of sub-contractors
20 Financial remedies for breach of contract
20.1 General damages
20.2 Liquidated damages
20.3 Quantum meruit claims
20.4 Non-payment as a contractual remedy
21 Defective buildings and subsequent owners
21.1 Claims in negligence
21.2 Statutory protection
21.3 Alternative forms of legal protection
21.4 Assessment of damages
22 Suspension and termination of contracts
22.1 Suspension of work
22.2 Termination for breach at common law
22.3 Termination under JCT contracts
22.4 Termination under NEC contracts
22.5 Termination under FIDIC contracts
22.6 Termination of contract by frustration
23 Non-adversarial dispute resolution
23.1 Background to disputes
23.2 The nature of construction disputes
23.3 The role of the contract administrator
23.4 Methods of dispute resolution
23.5 References to ADR procedures in standard forms
24 Adversarial dispute resolution
24.1 Adjudication
24.2 Arbitration
24.3 Litigation
24.4 Arbitration or litigation
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