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Edited by: Mark Arnold KC, Simon Mortimore KC
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Residential Construction Law


ISBN13: 9781509951093
Published: March 2023
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2021)
Price: £54.99
Hardback edition , ISBN13 9781509939237



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This is the first book to offer a systematic and analytical overview of the legal framework for residential construction. In doing so, the book addresses two fundamental questions:

  • Prevention: What assurances can the law give buyers (and later owners and occupiers) of homes that construction work - from building of a complete home to adding an extension or replacing a shower unit - will comply with minimum standards of design, safety and build quality?
  • Cure: What forms of redress - from whom, and by what route - can residents expect, when, often long after completion of construction, they discover defects?

The resulting problems pose some big and difficult questions of principle and policy about standards, rights and remedies, which in turn concern justice more generally.

This book addresses these key issues in a comparative context across the United Kingdom, Ireland, Australia and New Zealand. It is an accessible guide to the existing law for residents and construction professionals (and their legal advisers), but also charts a course to further, meaningful reforms of the legal landscape for residential construction around the world.

Subjects:
Construction Law
Contents:
1. Introduction
2. Residential Construction: Defects in Context
3. Regulation of Residential Construction
4. Contract Law in Residential Construction
5. Beyond Contract: Other Rights of Legal Action
6. Consumer Protection: Other Forms
7. Insurance and Third-Party Warranties
8. Inspections in Residential Construction
9. Pathways to Individual Redress
10. Time Limits for Taking Action
11. Multi-Unit Developments: Blocks of Flats
12. Conclusions