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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Building Contract Litigation 4th ed


ISBN13: 9780851219738
ISBN: 085121973X
Published: October 1993
Publisher: Sweet & Maxwell Ltd
Format: Paperback
Price: Out of print



The ways in which to settle building contract disputes of all types are demonstrated in this book. Practitioners will find information on a variety of procedural reforms along with reproductions of selected provisions of JCT and NSC/4 contracts. The book deals at length with the Privy Council decision in Wharf Properties v Eric Cumine and subsequent cases, as they have important implications on the way practitioners should handle their disputes. Other decisions in recent years have also fundamentally changed the law of tort, such as Murphy v Brentwood District Council, and have been included. There is an increasing use of collateral warranties by developers and financiers in the construction industry, and a description of the common clauses found in these warranties has been included. The use of computer analysis in the preparation of claims is considered, and the treatment of alternative dispute resolution as a form of resolving building disputes has been expanded in this edition.

Subjects:
Construction Law
Contents:
Preface Abbreviations Table of cases Table of statutes Table of rules 1. Forms of contract 2. Contractual procedure 3. Terms of the contract 4. Payment under lump-sum contracts 5. Preliminary considerations 6. Who to sue 7. To arbitrate or to litigate? 8. Litigation in the High Court 9. Summary judgement and interim payment 10.
Section 4 Summonses 11. Official Referees' business 12. Pleadings 13. Discovery and inspection of documents 14. Expert evidence 15. Dismissal for want of prosecution 16. Arbitration 17. Limitation of actions 18. Settlement and Alternative Dispute Resolution 19. Value Added Tax 20. Quantum of damages 21. Retrospective Delay Analysis Appendix A: Glossary Appendix B: Selected JCT and NSC 4 Provisions Appendix C: The ORSA Protocol Appendix D: Limitation Acts Questionnaire Index.