Informa Professional

Remedies in Construction Law brings together various well established strands of the law and considers practical remedies for breach of contract and tort in connection with construction projects. This is the first time that the subject of remedies has been approached in this way with regard to construction law specifically. The book also includes chapters on how to resolve a dispute through different methods of alternative dispute resolution.

Table of Contents:

1 General Introduction

2 Rectification

3 Payment mechanisms under standard

building contracts

4 Quantum Meruit

5 Damages in contract

• General

• Particular problems in a construction

context

i. Black Hole Cases

ii. Recovery of damages and costs as

damages (Biggind v Permanite etc)

iii. Ruxley/Nominal damages

iv. Consequential losses/Remoteness

6 Damages in tort

• Negligence

i. Overlap with duty of care issues

ii. Material damage

iii. Economic loss

• Nuisance

• Trespass

• Interference with intellectual property

7 Claims in contribution

8 Restitutionary Claims/Frustration

9 Claims for interest

• Damages

• Under statute in litigation

• Under statute in arbitration

• Other bases

10 Extension of time/loss and expense

claims

11 Interlocutory relief (in court

proceedings, in arbitration and

otherwise, e.g. adjudication)

• Injunctions

• Interim payment

• Disclosure of documents

• Preservation of evidence

12 Specific performance/final injunctions

13 Resolution of disputes

• Engineer’s decisions

• Dispute Boards

• Adjudication

• Conciliation

• Arbitration

• Litigation

• Mediation and other forms of ADR

14 Limitation

This book is part of the Construction Practice series.