Keating on Construction Contracts 12th ed

A classic construction law text, Keating on Construction Contracts is a first port of call for all research on the history and principles governing building contracts, their practical application and their interpretation by the courts. Renowned for its accessible style, and reliable authority the title covers all relevant legislation and case law, EC law, and the FIDIC, NEC3, JCT Forms of Contracts and ICE Conditions of Contract.

The book offers solicitors, barristers and construction professionals detailed and authoritative commentary on all issues relating to construction contracts and presents in-depth practical help in a concise style, discussing legal principles, analysing judicial decisions, interrogating standard forms and interpreting legislation.

The 12th edition includes:

• A new chapter dedicated to building safety and defect legislation, updated to explain the key provisions of the new legislation [including the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (SI 2023/909) and of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023] and decisions of the First tier Tribunal and Upper Tribunal (Lands Chamber).
• An updated and expanded ADR Chapter to explain the effect of Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416 regarding the Court’s power to compel parties to mediate their disputes.
• Chapter 21 on JCT has been updated in respect of the Standard Building Contract 2024.
• Recent TCC, Court of Appeal and Supreme Court decisions including:
  • Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP [2024] UKSC 23 and the decision in Parkwood Leisure Ltd v Laing O'Rourke [2013] BLR 589 was overruled.
  • Canada Square Operations Ltd v Potter [2023] UKSC 41
  • Benyatov v Credit Suisse (Securities) Europe Limited [2023] EWCA Civ 140
  • Tata Consultancy Services Ltd v Disclosure and Barring Service [2024] EWHC 1185 (TCC)
  • Providence Building Services Ltd v Hexagon Housing Association Ltd [2024] EWCA Civ 962
  • URS Corporation Limited v BDW Trading Limited [2023] EWCA Civ 772

Contents:

1. The Nature of a Construction Contract
2. Formation of Contract
3. Construction of Contracts
4. The Right to Payment and Varied Work
5. Employer's Approval and Architect's Certificates
6. Excuses for Non-performance
7. Negligence, Economic Loss, Liability to Third Parties and Nuisance
8. Delay and Disruption Claims
9. Financial Recovery and Causation
10. Liquidated Damages and Penalties
11. Default of the Parties - Various Matters
12. Various Equitable Doctrines and Remedies
13. Assignments, Substituted Contracts and Sub-contracts
14. Architects, Engineers and Surveyors
15. Building Safety and Defect Legislation
16. Other Legislation
17. Arbitration
18. The Housing Grants, Construction and Regeneration Act 1996
19. Litigation
20. Alternative Dispute Resolution
21. The JCT Standard Form of Contract, 2016 Edition
22. Infrastructure Conditions of Contract 2014
23. NEC4 Contract
24. The FIDIC Standard Forms

Key Features:

• Detailed and authoritative commentary on all issues relating to construction contracts.
• In-depth practical help in a concise style.
• Discussion of legal principles, analysis of judicial decisions, interrogation of standard forms, and interpretation of legislation.

Keywords: construction law, building contracts, contract interpretation, FIDIC contracts, NEC3 contracts, JCT contracts, ICE conditions, legal principles, construction disputes, contract legislation

Target Audience: solicitors, barristers, construction professionals, legal researchers, law students

Genre: legal reference, construction law, contract law

Here are some international organizations and institutions that focus on construction law:

• International Construction Law Association (ICLA): Established in 2015, ICLA brings together legal professionals and construction experts worldwide to discuss and compare construction law issues.

  icl-assoc.com

   

• International Bar Association (IBA) – International Construction Projects Committee: This global group of lawyers promotes the understanding of construction law across various jurisdictions, covering all aspects of construction and engineering projects.

  ibanet.org

   

• Society of Construction Law (SCL) International: A worldwide federation of national or regional SCL organizations, SCL International facilitates the exchange of ideas and knowledge in construction law.

  sclinternational.org

   

• International Federation of Consulting Engineers (FIDIC): Known for its suite of contract templates, FIDIC is an international standards organization for construction technology and consulting engineering.

  en.wikipedia.org

   

• Construction Lawyers Society of America (CLSA): An invitation-only international association, CLSA comprises the world's leading construction lawyers dedicated to promoting excellence in construction law.

  constructionsociety.org