Wilmot-Smith on Construction Contracts 4th ed

The fourth edition of Wilmot Smith on Construction Contracts continues to take a clear and practical approach to the law and practice relating to construction contracts in the UK. It provides comprehensive coverage of the substantive law and modern dispute resolution procedures in the field of construction and gives clear guidance when seeking difficult answers.

Paul Darling Q.C. has joined Richard Wilmot-Smith Q.C. as co-editor. Together they have updated, refined and extended the work's coverage. The author team includes new and high-profile practitioners in the field of international arbitration (including Peter Rees Q.C. and David Bateson) and ADR (with Edwin Glasgow Q.C. joining Marion Smith Q.C. in re-casting the chapter on mediation). David Sawtell has considerably re-cast the chapter on adjudication. The law on extra contractual claims (unjust enrichment) has been substantively revised and updated by a leading expert on unjust enrichment.

The work provides key practical tips including: where and when you issue proceedings; what the judges will expect and their preferences; and how trials can be made shorter. A separate section analyses enforcement of adjudicators' awards, covering recent case law on this area. This is carefully examined and digested in detail to ensure the reader has an understanding of the pitfalls of enforcement.

Richard Wilmot-Smith QC and Paul Darling QC ensure that the work continues to provide an essential source of reference on this area of the law. Their practical approach and reliance on clear exposition is prevalent throughout this book, and it is allied with deep scholarship to secure its position as a definitive work on construction law.

Table of Contents:

Part I: The Contract

1:Contracts: Formation

2:Standard Forms of Contract and Bespoke Contracts

3:Extra-Contractual Claims: Unjust Enrichment

4:Assignment and Sub-Letting, The Contracts (Rights of Third-Parties) Act 1999, and Collateral Warranties

5:The Roles of Professionals

6:Tort and Construction Law

7:Exclusion and Limitation of Liability Clauses

8:Mistake, Misrepresentation, and Frustration

9:Gurantee and Indemnity

10:Certificates and the Right to Payment

11:Time for Completion

12:Damages for Breach of Contract

13:Determination of Forfeiture Clauses

14:Loss and Expense

15:Limitation of Action

16:Injunctions and Specific Performance

17:Bribery

18:Mediation and Alternative Dispute Resolution

19:Adjudication and the HGCRA

20:Arbitration

21:Litigation