Construction Claims: Second edition
Construction Claims: Second edition
by Philip Davenport
Softcover 336 pgs.
Published: August 2006
ISBN: 1-86287-608-8
ISBN-13: 978-1-86287-608-8
$65.00

Construction Claims: Second edition

Construction claims have a language and procedures of their own. A party to a construction dispute must elect between inconsistent claims, defences, and remedies. An uninformed choice or failure to pursue a particular remedy or a particular defence can be a costly mistake. The aim of this book is to explain the choices which are available.

The book covers:

  • differences between arbitration, litigation, adjudication, and expert determination;
  • legal categories of claim and unjust enrichment;
  • ambit claims, global claims, and the total cost claim;
  • two categories of quantum meruit;
  • liquidated damages, nominal damages, and Hungerford’s damages;
  • flaws in the Hudson Formula, prevention principle, and red hand rule;
  • causation and foreseeability--election, waiver, res judicata, and the rule in Henderson v. Henderson;
  • defences, estoppel, time bars, and accord and satisfaction; and
  • claim preparation costs and Calderbank offers.
The most significant change in the second edition reflects this past decades' shift away from arbitration and litigation and towards adjudication. There is extensive discussion of the new law, in most jurisdictions, on security of payment and the compulsory rapid adjudication of construction claims.

Table of Contents

Table of Cases
Table of Statutes
CHAPTER 1: Introduction
CHAPTER 2: Why Categorise Claims?
CHAPTER 3: Legal Categories of Claims
CHAPTER 4: Categorising Remedies
CHAPTER 5: Variation Claims
CHAPTER 6: Interest and Hungerfords Damages
CHAPTER 7: Time-related Claims
CHAPTER 8: Quantum Meruit Claims
CHAPTER 9: Claims after Termination by Frustration
CHAPTER 10: Defective Work Claims
CHAPTER 11: Licensing and Building Claims
CHAPTER 12: Defences
CHAPTER 13: Costs
CHAPTER 14: Jurisdiction
CHAPTER 15: Summary of Adjudication Acts
Index

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