Building Contract Claims

Guy Higginbottom , David Chappell 지음

Wiley-Blackwell 2026년 01월 06일 출간

작품소개

책소개

Comprehensive reference on all major and commonly used building contracts with a step-by-step approach to producing claims Covering all the major and commonly used building contracts, Building Contract Claims considers the legal basis of building contract claims and shows what can and cannot be claimed, providing the contractor, employers and their advisors with a simple, concise, and effective source of information for use when preparing, submitting, or dealing with a claim. This highly regarded book examines the legal basis of claims for extensions of time and additional payment under the main forms of construction contract. It includes chapters dealing with the principles for extensions of time, financial claims (including for variations or compensation events), common law and global claims, employer claims, duties of the employer’s representative, substantiating claims, claims for time and money under the JCT 2016 and NEC4 contracts and sub-contracts, and claims for professional fees. With the publication of the sixth edition, Building Contract Claims has been reordered to provide a step-by-step approach to producing claims and thoroughly revised to ensure it is fully up to date with the latest contracts, court judgments, and building practice. Updates include: Revision of chapters covering extensions of time in line with the second edition of the Society of Construction Law’s Delay and Disruption ProtocolNew material to reflect the JCT 2016 contracts and the NEC4 contractsExpanded coverage of employer claimsUpdated sections for JCT 2016 and NEC4 sub-contractsClaims for professional fees (for design consultants, contract administrators, quantity surveyors or project managers) under the commonly used conditions of engagement The new edition of Building Contract Claims is an essential reference for contractors, contract administrators, project managers, and quantity su

목차

Preface xvii Part I 1 1 Introduction 3 1.1 General Introduction to ‘Claims’ 3 1.1.1 General 4 1.1.2 Contractual Claims 4 1.1.3 Extension of Time and Loss and/or Expense 5 1.1.4 Variations 6 1.1.5 Unexpected Problems 6 1.2 Standard Forms of Contract Considered in This Book 7 1.2.1 JCT 2016 Contracts 8 1.2.2 NEC4 Contracts 9 1.3 Types of Claims by the Contractor 11 1.3.1 Contractual Claims 11 1.3.2 Common Law Claims 11 1.3.3 Quantum meruit Claims [Detailed Text Transferred to 4.5] 12 1.3.4 Ex gratia Claims 12 1.4 Types of Claims by the Employer 13 1.4.1 Delay Damages 13 1.4.2 Low Performance Damages 13 1.4.3 Reduction of the Contract Price for Non-CompliantWork 14 1.4.4 Other Claims 14 1.5 Structure of This Book 15 2 General Principles 17 2.1 Entitlement 17 2.1.1 Contractual Entitlement 17 2.1.2 Duty, Breach, Causation and Loss 20 2.2 The Burden of Proof 21 2.2.1 The Burden of Proof 21 2.2.2 Res Ipsa Loquitur It Speaks for Itself 21 2.3 Causation 22 2.4 Categories of Claim 24 2.4.1 Prolongation 26 2.4.2 Disruption 28 2.5 The ‘Knock-on’ Effect 29 2.6 Damages 32 2.7 Mitigation [Prev 6.4] 33 2.7.1 Mitigation of Delay 33 2.7.2 Mitigation of Costs 34 2.8 Betterment 36 2.9 Notices 37 2.9.1 Requirement for Notice 38 2.9.2 Time Bar Clauses 39 2.9.3 Whether a Condition Precedent 41 2.9.4 Waiving the Requirement for Notice 42 2.9.5 Essential Elements of a Notice 43 2.9.6 Giving, Issue and Receipt of Notices 45 3 Time 47 3.1 General Points 47 3.1.1 Time Obligations in Building Contracts 47 3.1.2 Commencement Obligations 48 3.1.3 Progress Obligations 49 3.

출판사 서평

인물정보

저자(글) Guy Higginbottom

저자(글) David Chappell