This innovative book provides a thorough and comprehensive guide to construction law by blending together black letter law and socio-legal approaches. This mixed methodology makes an ideal introduction to the subject for those studying to enter the Architecture, Engineering and Construction (AEC) Industry in a professional capacity. Designed to equip the student with all they need to know about construction law, the topics covered include:
- The fundamentals of law and the English legal system
- Contract, business, tort and property law
- Procurement, subcontracting and partnering
- Building Information Modelling and best practice
- Dispute resolution including mediation, arbitration, litigation and adjudication
The books suitability for study is enhanced by its logical structure, chapter summaries and further reading lists whilst the role of law in achieving a more collaborative and less confrontational AEC industry is examined in detail.
Construction Law: From Beginner to Practitioner takes the reader on a journey from basic legal concepts through to a more detailed appreciation of what the AEC needs as a specialist client for legal services. This book is useful not only for understanding the basics, but also as a reference that practitioners will use time and again.
Table of Contents
Section 1: The Background Law 1. Legal Systems 2. The Law of Contract 3. Aspects of Commercial Law 4. Aspects from the Law of Torts 5. Aspects of the Law of Property Section 2: The Processes of Construction Law 6. Parameters of Construction Industry Practice 7. Procurement 8. Tendering and Risk Management 9. Standard Forms of Contract and Sub-Contract Section 3: Construction Contract Law 10. Construction Contract Law 11. Other Aspects of Construction Contract Law 12. Construction Law in the Wider Sense 13. Causation, the Recoverability of Damages and Global Claims 14. Delay and Disruption 15. Loss and Expense Section 4: Dispute Resolution 16. Choices for Dispute Resolution and Features of Claim Preparation 17. Mediation and other forms of ADR 18. Litigation 19. Arbitration 20. Adjudication Section 5: New Directions in Construction Law 21. The Agenda for Change 22. Ethical Improvement and the Duty of Good Faith 23. Conclusions and Future Directions
Jim Mason is Programme Leader on the Masters in International Construction Law in the Department of Architecture and the Built Environment at the University of the West of England.
"…the text is clear, concise and purposeful…. The author’s collection, examination and explanation of construction law in this publication is practical and project delivery-focused, without use of legalese, and so would be well worth a read for any Chartered Building Engineer."
—Building Engineer, February 2017