Keating on Construction Contracts 11th ed: 3rd Supplement (eBook)

A classic construction law text, Keating on Construction Contracts is a first port of call for all research on the history and principles governing building contracts, their practical application and their interpretation by the courts. Renowned for its accessible style, and reliable authority the title covers all relevant legislation and case law, EC law, and the FIDIC, NEC3, JCT Forms of Contracts and ICE Conditions of Contract.

The book offers solicitors, barristers and construction professionals detailed and authoritative commentary on all issues relating to construction contracts and presents in depth practical help in a concise style, discussing legal principles, analysing judicial decisions, interrogating standard forms and interpreting legislation.

The third supplement to the 11th edition (published in December 2020) updates the book with recent cases and legislation, including:

• Chapter 15 updated with regard to the proposed changes in the Procurement Bill and the progress of the Bill and the regulations to be made under that legislation.
• Coverage of the 3rd edition of the TCC Guide 2022
• Supreme Court decisions in: Barton v Morris on unjust enrichment; and Jalla v Shell International Trading and Shipping Co Ltd and Fearn v Board of Trustees of the Tate Gallery on Nuisance
• Court of Appeal decisions in: DHL Project and Chartering Ltd v Gemini Ocean Shipping Co Ltd on the effect of “subject to” provisions in relation to formation of contracts; Morris Homes Ltd v Cheshire West and Chester Council on the interpretation of legal expressions in a contract drafted on the basis of professional advice; Quantum Advisory Ltd v Quantum Actuarial LLP on the interpretation of relational contracts; Nord Naptha Ltd v New Steam Trading AG on dealing with arguments of redundancy in interpreting contracts; Consulting Concepts International Inc v Consumer Protection Association (Saudi Arabia) as to when a right to be paid accrues in the absence of an agreed provision; URS Corp Ltd v BDW Trading Ltd concerning a number of issues including the date of the accrual of a cause of action in tort against designers of a defective building where the defect caused no immediate physical damage; and Sudlows v Global Switch considering whether a dispute referred to the adjudicator is the same or substantially the same as that addressed in a prior adjudication.
• Technology and Construction Court decisions in: Transformers & Rectifiers Ltd v Needs Ltd in relation to terms implied from a course of dealing; CC Construction Ltd v Raffaele Mincione on the applicability of s.69 of the Consumer Rights Act 2015; Allianz Insurance plc v The University of Exeter on liability of insurers which loss is causes both by a loss within the risk insured and a loss within an exception; Buckinghamshire Council v FCC Buckinghamshire Ltd on the relevance of guidance notes in interpreting a PFI contract; LJR Interiors Limited v Cooper Construction Limited considering whether adjudication proceedings time-barred as “action” founded on contract and time when retention is payable; and International Game Technology PLC and Others v The Gambling Commission on the ability of a sub-contractor of an unsuccessful bidder in a public procurement process under the Concession Contracts Regulations 2016 to challenge the award of the contract to the successful bidder or to seek damages.