This book of construction law contains a unique in-depth analysis of legal routes to payment for construction and engineering work that are not evident from the express words of the contract. These extra-contractual remedies are of great importance, but they are frequently underused. This book brings them together in a unified way for the first time. They include claims in damages for breach of implied terms, quantum meruit, negligence, statutory recoveries, and other legal principles that may be in invoked – including prevention, impossibility, and relief from forfeiture to circumvent contractual obstacles to payment, and the impact of fraud and unconscionability. Particularly useful are the book’s checklists, prompting the reader to explore possible causes of action that may not otherwise present themselves as available.

The first volume contains the main text, and the second reproduces the key passages from decided cases and legislation in England, Australia and other common law jurisdictions around the world, which underpin these extra-contractual remedies. The book is an incisive and compelling practical guide from one of the most successful construction litigators of his generation.

Table of Contents

Volume I

Chapter 1 – Introduction

Chapter 2 – Implied terms

Chapter 3 – Intermediate Agreements, Certifications, Etc

Chapter 4 – Circumvention of Contractual Provisions

Chapter 5 – Damages for Breach of Contract

Chapter 6 – Misrepresentation

Chapter 7 – Quantum Meruit

Chapter 8 – Negligence and Other Torts

Chapter 9 – Repudiation, Frustration and Other Doctrines

Chapter 10 – Statutory Recoveries

Chapter 11 – Bills of Exchange, Bonds, Liens, Charges Etc

Chapter 12 – Contracting out of Extra-Contractual Liability

Chapter 13 – Adjudication and Other Recovery Techniques

Chapter 14 – Procurement and Management

Envoi

Index

Volume II

Appendix I – Extracts from Statutory Provisions

Appendix II – Extracts from Cases

Index