Construction Contracts: Law and Management, 4th Edition


Construction Contracts: Law and Management, 4th Edition

This book is aimed primarily at students for whom the study of building or civil

engineering contracts forms part of a construction-based course. We have had in
mind the syllabus requirements for first degrees in Building, Civil Engineering,
Architecture, Quantity Surveying and Building Surveying, as well as those of
postgraduate courses in Construction Management and Project Management. We
have also assumed that such students will already have been introduced to the
general principles of English law, especially those relating to contract and tort. As
a result, while aspects of those subjects that are of particular relevance to
construction are dealt with here, the reader must look elsewhere for the general
legal background.
In producing this fourth edition, we have again been greatly assisted by the
many helpful comments made by reviewers and users of its predecessor. We are
particularly indebted to Jan-Bertram Hillig, who has patiently and diligently guided
us through recent changes in standard-form contracts and, in so doing, has also
made many other helpful suggestions. Nonetheless, our basic aim is identical to
that which underpinned the first edition: to provide an explanation of the
fundamental principles of construction contract law, rather than a clause-by-clause
analysis of any particular standard-form contract. As a result, while we draw most
frequently upon JCT SBC 05 for our illustrations of particular points, this merely
reflects the pre-eminent position occupied by that particular form of contract in the
UK construction industry.

We conclude by repeating our previous warning as to the dangers inherent in a
little learning. Neither this book, nor the courses for which it is intended, seek to
produce construction lawyers. The objective is rather to enable those who are not
lawyers to resolve simple construction disputes before they become litigious, and
to recognize when matters require professional legal advice. It should be the aim of
every construction student to understand the legal framework sufficiently that they
can instruct and brief specialist lawyers and this book is designed to help them
towards that understanding

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