Building Contract Litigation

The ways in which to settle building contract disputes of all types are demonstrated in this book. Practitioners will find information on a variety of procedural reforms along with reproductions of selected provisions of JCT and NSC/4 contracts. The book deals at length with the Privy Council decision in Wharf Properties v Eric Cumine and subsequent cases, as they have important implications on the way practitioners should handle their disputes. Other decisions in recent years have also fundamentally changed the law of tort, such as Murphy v Brentwood District Council, and have been included. There is an increasing use of collateral warranties by developers and financiers in the construction industry, and a description of the common clauses found in these warranties has been included. The use of computer analysis in the preparation of claims is considered, and the treatment of alternative dispute resolution as a form of resolving building disputes has been expanded in this edition.
 
The ways in which to settle building contract disputes of all types are demonstrated in this book. Practitioners will find information on a variety of procedural reforms along with reproductions of selected provisions of JCT and NSC/4 contracts. The book deals at length with the Privy Council decision in Wharf Properties v Eric Cumine and subsequent cases, as they have important implications on the way practitioners should handle their disputes. Other decisions in recent years have also fundamentally changed the law of tort, such as Murphy v Brentwood District Council, and have been included. There is an increasing use of collateral warranties by developers and financiers in the construction industry, and a description of the common clauses found in these warranties has been included. The use of computer analysis in the preparation of claims is considered, and the treatment of alternative dispute resolution as a form of resolving building disputes has been expanded in this edition.