In today’s dynamic world, the development of infrastructure, buildings, factories, schools and residences is underpinned by construction law which regulates and determines the execution of building and construction work. The complexity of building projects and construction contracts often gives rise to various disputes which require resolution. Due to the large sums of money involved in building projects, the resolution of disputes is usually long drawn out and concerns many intricate and inter-related legal issues.

Construction law is a vast field comprising diverse legal topics. The ever-evolving boundaries of construction law constantly challenge a clear demarcation of what this subject entails. This book is intended to be a practitioner’s reference to construction law. Through its comprehensive coverage, it is an indispensable repository of knowledge on construction law. Containing 46 well-structured chapters, this book provides detailed and practical analysis of the applicable law and practice.

Written by an author with long experience in construction law, the content provides invaluable treatment of construction law supported by local and foreign case law as well as industry forms of contract and guidelines. The two volumes provide invaluable exposition on the position of the law and its practical application. A copious number of cases have been succinctly summarised and presented to serve as guides on how legal principles operate in practice.

This book is one not to be missed by architects, quantity surveyors, claims consultants, construction lawyers, developers, contractors, arbitrators, lecturers and students of construction law.

Key Features

• Provides unrivalled coverage of construction law topics in 46 chapters.
• Gives a clear and comprehensive exposition of construction law across a wide spectrum of topics to facilitate its use.
• Illuminates areas of construction law which are seldom covered in most construction law books.
• Suggests approaches to be made in dealing with unsettled and difficult areas of the law guided by doctrinal coherence and consistency.
• Emphasises the use of plain and simple language.
• Legal analysis is richly supported by cases, both local and foreign, to empower a holistic appreciation of the law.
• Case precedents are placed in separate sections for easy reference.
• Cases are described in suitable detail in an engaging manner for better understanding.
• Describes the development, evolution and shaping of the law to promote comprehension and appreciation of the principles.
• Issues are analysed from different perspectives to enhance breadth of knowledge and legal reasoning.

Table of Contents

VOLUME 1

1. Implications of the Law of Contract
2. Negligence
3. Pure Economic Loss
4. Tenders
5. Letters of Intent
6. The Construction Contract
7. The Employer
8. The Contractor
9. The Subcontractor
10. The Construction Professional
11. Professional Negligence
12. Duty to Proceed Regularly and Diligently
13. Implied Warranties in Respect of Sale of Goods
14. Payments and Certification
15. Conditional Payment Terms
16. Performance Bonds
17. Collateral Contracts and Collateral Warranties
18. Indemnities
19. Assignments and Novations

VOLUME 2

1. Time
2. Extension of Time
3. Liquidated Damages
4. Variations
5. Loss and Expense Claims
6. Defect Claims
7. Latent Defects
8. Third Party Losses
9. Breach of Contract
10. Termination
11. Quantum Meruit and Unjust Enrichment
12. Frustration
13. Force Majeure
14. Exemption Clauses
15. Abatement and Set-Off
16. Loss of a Chance
17. Insurance
18. Insolvency
19. Site Safety
20. Detinue and Conversion
21. Duties to Neighbouring Lands
22. Trespass
23. Non-Delegable Duty of Care
24. Vicarious Liability
25. Enforcement of Adjudication Decision on Principal
26. Settlements
27. Limitation Periods