Keating on Construction Contracts

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Description
We have produced this new edition in a period of uncertainty caused by the Covid-19 epidemic. The cost of the virus in terms of lost lives and economic dam- age has still to be counted. In the short term it has affected both the construction industry and the way in which construction disputes are resolved. Whilst construction work has continued on sites worldwide, with a degree of loss of efficiency caused by the necessary social distancing precautions, there has been a significant impact on business confidence. This has seen a reduction in the future workflow of those involved in the design and procurement of projects. Whilst there is currently a negative impact, it is to be hoped that there will be benefits in terms of the approach to technology, innovation and the environment as confidence returns and the demand for projects increases. Already, Governments are realising that construction projects play an important role in stimulating the economy and reducing unemployment in the economic difficulties of the next few years. In terms of construction law, some contracts have contained provisions which expressly deal with epidemics in terms of "force majeure"-others are silent. In many cases, parties have been able to use ADR to come to an equitable solution. Inevitably there will be some cases where the financial effects have been so serious that litigation or arbitration will be necessary but those will take time to come through the system. To reflect the importance of ADR, we have now included a separate chapter in this edition to deal with this topic. We have also changed the chapter on Architects, Engineers and Surveyors to broaden its scope to include all Construction Professionals to recognise that many other professionals now carry out the central or an important role in construction contracts. We have updated our standard form chapters. The NEC chapter now deals with NEC4 and the FIDIC chapter deals with the 2017 suite of contracts. We very much appreciate the work of Adrian Williamson, John Uff, Robert Evans, David Thomas and Simon Hughes in relation to our chapters on the standard forms. As we go to press the future of public procurement legislation in the UK after the end of the Brexit transition period on 31 December 2020 is still unknown and this has been reflected in our chapter on Public Procurement.
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Contents
Chapter 1 : The Nature of a Construction Contract
Chapter 2 : Formation of Contract
Chapter 3 : Construction of Contract
Chapter 4 : The Right of Payment and Varied work
Chapter 5 : Employer;s approval and Architect's Certificates
Chapter 6 : Excuses for Non-Performance
Chapter 7 : Negligence, Economic Loss, Liability to Third Parties and Nuisance
Chapter 8 : Delay and Disruption Claims
Chapter 9 : Financial Recovery and Causation
Chapter 10 : Liquidated Damages and Penalties
Chapter 11 : Default of the Parties - Various Matters
Chapter 12 : Various Equitable Doctrine and Remedies
Chapter 13 : Assignments, Substituted Contracts and Sub-Contracts
Chapter 14 : Construction Professionals
Chapter 15 : Public Procurement
Chapter 16 : Various Legislation
Chapter 17 : Arbitration and ADR
Chapter 18 : The Housing Grants, Construction and Regeneration Act 1996
Chapter 19 : Litigation
Chapter 20 : Alternative Dispute Resolution
Chapter 21 : The JCT Standard from of Building Contract, 2016 Ed
Chapter 22 : The Infrastructure Conditions of Contract
Chapter 23 : NEC4 Contract
Chapter 24 : The FIDIC Standard forms
Appendices
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Author Details
STEPHEN FURST, QC, BA (Oxon), LLB (Hons), of Middle Temple
and
THE HON SIR VIVIAN RAMSEY, QC, MA, of Middle Temple, formerly one of Her Majesty's Justices, International Judge, Singapore International Commercial Court, Chartered Engineer, Fellow of the Institution of Civil Engineers, Fellow of Royal Academy of Engineering, Visiting Professor, Dickson Poon School of Law, King's College, London
Assisted by
SIMON HUGHES, QC, MA (Oxon) and PIERS STANSFIELD, QC, LLB (Bristol) a commentary on JCT Forms of Contract
BY
ADRIAN WILLIAMSON, QC, MA, PhD (Cantab), FRHistS, of Middle Temple a commentary on the Infrastructure Conditions of Contract
BY
JOHN UFF, CBE, QC, BSc (Eng), PhD, of Grays Inn, Fellow of the Institution of Civil Engineers, Fellow of Royal Academy of Engineering, Emeritus Professor of Engineering Law at King's College, London and ROBERT EVANS, MA (Cantab), LLB (London), Chartered Engineer,
Fellow ICE, FCIArb a commentary on the NEC4 Form of Contract
BY
DAVID THOMAS, QC, MA (Oxon), of Middle Temple and KRISTA LEE, QC, BCL, MA (Oxon), BSc (Open), FCIArb
and a commentary on the FIDIC Standard Forms
By
SIMON HUGHES, QC, MA (Oxon)