The Law of Construction Disputes

This book provides both the research and history along with the principles governing construction disputes. The difficulties that arise along with their interpretation by the courts are fully explained.

It is an easily accessible text covering both the history of construction disputes and their resolution both through the common law, civil and Sharia law along with all current relevant legislation, case law and standard forms such as the JCT, NEC3 and FIDIC Conditions of Contract.

The Law of Construction Disputes provides the construction practitioner with one source that combines the detailed thought processes of the courts in reaching major decisions on construction dispute issues along with an easily readable analysis of the subject and the specific areas of law they concern.

Importantly it demonstrates:-

• How the underlying principles of contract law apply to construction contracts, the disputes that arise from them, and theirresolution.
• The differences between the major forms of standard construction contracts and the law relating to their use
• How the law works in practice by detailed analysis of judicial decisions and covers the relevant case law from the UK, Commonwealth, and European jurisdictions
• The best of the practical along with specialist details including key legislation, such as relevant sections of the Housing Grants, Construction and Regeneration Act, and the Scheme for Construction
• Commentary on the new 2005 suite of JCT Contracts, the NEC3, and the major FIDIC Contracts

Readers of this book will be guided through the various international contract formats governing construction disputes including the applicable case law on the subject. Additionally the reader is shown not only the correct contract provisions and forms used to prevent disputes from escalating, it also provides the reader with the background to reach successful conclusions without litigation.