Construction Law and Management

Informa Law, April 2007, Pages: 528

Construction Law and Management explains the state of design information appropriate to a given procurement route, and the need to identify risks and strategies for managing them. This handy desk side reference offers a comprehensive guide to construction law and management and is essential reading for anyone in the construction, architecture and engineering industries.

Preface
Authors’ Biographies

1. INTRODUCTION TO THE ENGLISH AND EU LEGAL FRAMEWORKS
An overview of the English legal system
English contract law
English tort law
The Construction Act
CDM Regulations

2. MATERIALS AND COMMUNICATIONS
Introduction
Tender documents
Bills of quantities
Drawings, specifications and method statements
Progress records
Programmes
The SCL Protocol
Project data exchange systems
References

3. PROCUREMENT
An overview of procurement
Design information
Factors influencing choice of procurement
Procurement—the options available
Procurement—the options evaluated

4. STANDARD FORMS OF CONTRACT I
The use of standard forms
Joint contracts tribunal contracts
ICE conditions of contract
The Engineering and Construction Contract (ECC)
FIDIC
IChemE
MF/1
PPC2000
ACA Building Contract
PACE GC/Works/1
Private Finance Initiative/PPP

5. STANDARD FORMS OF CONTRACT II
Classification of forms
Standard form provisions for extensions of time
Classification of employer’s time risk events
Standard form provisions for programming
The power to vary the works
Bibliography

6. POWERS AND DUTIES OF THE EMPLOYER AND CONTRACTOR—PART I
Introduction
Commencement, transfer of possession and site access
Information
Standards of workmanship/fitness for purpose obligations and duty of care warranties
Appendix

7. POWERS AND DUTIES OF THE EMPLOYER AND CONTRACTOR—PART II
Variations
Certification and payments
Notice provisions
Time for completion
Partial possession and sectional completion
Completion
Defects, defects correction and latent defects

8. CHANGE AND ITS EFFECTS
An overview of change and its effects
Valuation v ascertainment
Disruption
Extensions of time
Liquidated and ascertained damages
Demonstrating cause and effect
Global claims
Claim tactics

9. PROVISIONS FOR MANAGING CHANGE
Introduction
Programmes, method statements and records
Notices and early warnings
The SCL protocol and change management supplements
Monitoring, updating and revising the programme
Computerised project planning programmes
Programme monitoring and updating
The change management process
Mitigation
Acceleration
Putting recovery measures into effect
Value of recovery measures
Bibliography

10. REMEDIES FOR BREACH
Introduction
Financial remedies agreed by the parties
Common law damages for breach of contract
Damages in tort
Recovery in the absence of a contract
Breach of statutory duty
Other remedies
Time limits

Appendix 1: the Unfair Contract Terms Act 1977
Appendix 2: Housing Grants, Construction and Regeneration Act 1996—Arrangement of sections

11. CLAIMS AND DISPUTE RESOLUTION
Dispute Resolution
Negotiation
Mediation and conciliation
Adjudication
Arbitration
Litigation and the court system
Hybrid and project-based dispute resolution
Reading list and useful references

Keith Pickavance

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