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Defective Construction Work
and the Project Team
Kevin Barrett (Author)
9780632059294, Wiley
Hardback, published 27 June 2008
224 pages
25.2 x 18 x 1.8 cm, 0.644 kg
"The book is written in a clear style and uses plain English wherever possible. … Even for solicitors like me who claim to have some expertise in this field, it was refreshing to read a book which deals comprehensively with defects in such a clear manner." (The Academy of Experts, Summer 2009)
Defective construction work, whether the result of inadequate design, faulty workmanship or poor materials – or some combination of these failings – is a frequent cause of legal disputes. Someone is usually to blame, either the builder or one or more of the professional consultants, or even the entire project team. It is important therefore that the project team should possess a good working knowledge of their responsibilities and liabilities. Written by a solicitor with over twenty years of experience of building disputes, this book examines the responsibilities and liabilities of the project team when defects occur. It sets out the background role of the common law and statute and includes detailed discussion of important case law affecting the construction process from inception through to completion, together with a consideration of the impact of letters of intent, 'no contract' situations, and specific provisions of model conditions of contract.
Preface ix Abbreviations x 1 Definition and Categorization of Defects 1 2 Common Law, Statutory and Contractual Rights 8 3 Contracts: An Overview 13 4 No Contact/Restitution 24 5 Letters of Intent 32 6 Tort: An Overview 36 7 The Defective Premises Act 1972 52 8 Third Party Rights 56 9 Statutory Requirements 66 10 The Builder’s Obligations: Design, Workmanship and Materials 73 11 The Builder’s Obligations: Defects Before Completion 93 12 The Builder’s Obligations: Defects at Completion 106 13 The Builder's Obligations: Defects Post Completion 118 14 The Professional Team 132 15 Architects and Engineers 142 16 Project Managers, Surveyors and Others 158 17 Compensation 164 18 Termination 180 19 Limitation 183 20 Dispute Resolution 190
Bibliography 196
Table of Cases 197
Table of Statues 208
Regulations, Directives, Reports, Rules of Court, Treaties 209
Index 210
Subject Areas: Civil engineering, surveying & building [TN]
