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Construction Claims

Autor Philip Davenport
en Limba Engleză Paperback – 31 dec 2007
Construction claims have a language and procedures of their own. A party to a construction dispute must elect between inconsistent claims, defences and remedies. An uninformed choice or failure to pursue a particular remedy or a particular defence can be a costly mistake. The aim of this book is to explain the choices which are available. Coverage includes: differences between arbitration, litigation, adjudication and expert determination legal categories of claim and unjust enrichment ambit claims, global claims and the total cost claim two categories of quantum meruit liquidated damages, nominal damages and Hungerford's damages flaws in the Hudson Formula, prevention principle and red hand rule causation and foresee ability - election, waiver, res judicata and the rule in Henderson v Henderson defences, estoppel, time bars and accord and satisfaction claim preparation costs and Calderbank offers the most significant change in this 2nd edition of Construction Claims reflects the shift away from arbitration and litigation towards adjudication which has taken place in the past decade. There is extensive discussion of the new law, in most jurisdictions, on security of payment and the compulsory rapid adjudication of construction claims.
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Specificații

ISBN-13: 9781862876088
ISBN-10: 1862876088
Pagini: 336
Dimensiuni: 152 x 214 x 23 mm
Greutate: 0 kg
Ediția:Revizuită
Editura: Federation Press

Cuprins

Contents Table of Cases Table of Statutes Introduction Why Categorise Claims? Legal Categories of Claims Categorising Remedies Variation Claims Interest and Hungerfords Damages Time-related Claims Quantum Meruit Claims Claims after Termination by Frustration Defective Work Claims Licensing and Building Claims Defences Costs Jurisdiction Summary of Adjudication Acts Index

Recenzii

Reviews of previous editions: All litigation lawyers would find the early chapters stimulating and thought-provoking. Few experienced construction lawyers would read this work without having gained from it. All construction lawyers would benefit from having it to hand. Australian Law Journal, March 1996 The author has succeeded in presenting this difficult branch of the law in a manner which is different from that of standard textbooks and is written in such a way as to hold a student's attention. The book will also be useful in enabling practitioners to decide what remedy is available for a particular set of facts and how such remedy can be enforced; practitioners will be glad to see the last chapter deals with costs! The Law Letter (Law Soc of Tas), March 1996 ... shortcomings not withstanding, this book is well written for its target audience [students of construction law, building, architecture, engineering and so on]. With its conciseness and clarity, it should prove useful for readers seeking an introduction to diverse areas of construction law. Law Institute Journal (Victoria), April 1996 There is a particularly good chapter on licensing and building claims and, given the recent law in Queensland on the ability of unlicensed builders to claim in quantum meruit, this chapter, alone, is well worth reading. The text is a good introduction to construction claims and [Davenport] has achieved his aim of keeping the text simple in order to explain the basic nature of claims which most commonly arise out of construction contracts. Proctor (Qld Law Soc), August 1996