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Keating On Construction Contracts
Keating On Construction Contracts
10th Edition, 2nd Supplement
Practice Area:  Construction Law
ISBN:  9780414067929
Published by:  Sweet & Maxwell
Publication Date:  22 Jun 2018
Subscription Information:  Non-Subscribable Product
Format:  Paperback
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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 ICC Conditions of Contract.

Keating on Construction Contracts is a leading reference work which provides a comprehensive account of the rules governing procurement by public authorities and utilities in the UK, including those operating in the defence sector. It offers a detailed explanation of the regulations implementing EU public procurement directives and their enforcement. It also covers national rules on lower value procurement and related topics.

Key cases in the European and UK courts are analysed and important or problematic issues are illuminated with the help of EU and UK government guidance.

The second supplement to the 10th edition of Keating on Construction Contracts brings the text completely up-to-date across all areas, including commentary on the major changes introduced by the NEC4 and the 2017 FIDIC suite of forms.

Key decisions and cases covered in the supplement include:

From the Supreme Court:
  • MT Højgaard A/S v E.ON Climate and Renewables UK Robin Rigg East Ltd, concerning the relationship between a fitness for purpose obligation and other specific obligations in complex contractual documents in relation to a wind farm;
  • Nuclear Decommissioning Authority v EnergySolutions EU Ltd, on public procurement;
  • Wood v Capita Insurance Services Ltd in which principles of construction of contracts were again considered;
  • Sutradhar v National Environment Research Council and Robinson v Chief Constable of West Yorkshire (the basis for establishing negligence liability)
  • Gabriel v Little on losses recoverable for breach of a duty of care; and
  • IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation on the ability to impose a condition of security when enforcing a New York Convention award.

From the Court of Appeal:
  • Transocean Drilling UK Ltd v Providence Resources Plc and Persimmon Homes Ltd v Ove Arup & Partners Ltd construing exclusion clauses and use of the contra proferentem rule;
  • Burgess v Lejonvarn [2017] on the scope of duty of care owed for gratuitous services;
  • Carillion Construction Ltd v Woods Bagot Europe Ltd on extensions of time for delay after the date for completion;
  • Adam Architecture Ltd v Halsbury Homes Ltd on pay-less notices; and
  • Carillion Construction v Emcor Engineering on extensions of time.

Also included are the Court of Appeal decisions in
  • Narandas-Girdhar v Bradstock on relevance of deletions in construing documents;
  • Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd on illegality;
  • Kason Kek-Gardner Ltd v Process Components Ltd on forfeiture;
  • Ted Baker v AXA Insurance UK Plc on estoppel and duty to speak; and
  • First Abu Dhabi Bank PJSC v BP Oil International Ltd on dealing with assignment.

From the TCC:
  • Grove Developments Ltd v S&T (UK) Ltd on the ability to bring proceedings for the correct amount due for interim payments;
  • Costain Ltd v Tarmac Holdings Ltd on the meaning of acting “in the spirit of mutual trust and co-operation”;
  • Imperial Chemical Industries Ltd v Merit Merrell Technology Ltd on payment after termination;
  • North Midland Building Ltd v Cyden Homes Ltd on application of the prevention principle where the employer excludes extension of time for concurrent employer’s delay;
  • Fluor v Shanghai Zhenhua Heavy Industry Co Ltd on liability arising from global settlements;
  • Ziggurat (Claremont Place) LLP v HCC International Insurance Co Plc and Doosan Babcock Ltd v Comercializadora de Equipos y Materiales Mabe Lda on bonds;
  • Borough of Milton Keynes Claimant v Viridor (Community Recycling MK) Ltd on rectification;
  • Mailbox (Birmingham) Ltd v Galliford Try Construction Ltd on assignment;
  • Riva Properties Ltd v Foster + Partners Ltd on liability for value engineering;
  • Bank of Ireland v Watts Group Plc on liability of quantity surveyors;
  • Alstom Transport UK Ltd. v London Underground Ltd (1) Transport for London (2) on lifting of suspensions in public procurement cases;
  • Bombardier Transportation Ltd v Merseytravel on confidentiality in public procurement claims;
  • Ian Rollitt (t/a CD Consult) v Christopher Ballard and Squibb Group Ltd v Pole 2 Pole Scaffolding Ltd on liens over arbitral awards and time for appeals;
  • Equitix ESI CHP (Wrexham) Ltd v Bester Generacion UK Ltd on preparatory work for construction operations;
  • Dacy Services Ltd v IDM Properties LLP on agreement of adjudicator and waiver of objection to jurisdiction;
  • Jacobs UK Ltd v Skanska Construction UK Ltd on costs in adjudication proceedings;
  • Clin v Walter Lilly & Co Ltd on obtaining consents as acts of prevention; and
  • Octoesse LLP v Trak Special Projects Ltd on obligation to issue a certificate of non-completion.

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CONTENTS
  1. THE NATURE OF A CONSTRUCTION CONTRACT
  2. FORMATION OF CONTRACT
  3. CONSTRUCTION OF CONTRACTS
  4. THE RIGHT TO PAYMENT AND VARIEDWORK
  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. PUBLIC PROCUREMENT
  16. VARIOUS LEGISLATION
  17. ARBITRATION AND ADR
  18. THE HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
  19. LITIGATION
  20. THE JCT STANDARD FORM OF BUILDING CONTRACT, 2011 EDITION
  21. THE INFRASTRUCTURE CONDITIONS OF CONTRACT, 2014 EDITION
  22. THE FIDIC STANDARD FORMS
  23. NEC3 CONTRACT
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