Written by an engineer and construction lawyer with many years of experience, The Application of Contracts in Engineering and Construction Projects provides unique and invaluable guidance on the role of contracts in construction and engineering projects. Compiling papers written and edited by the author, it draws together a lifetime of lessons learned in these fields and covers the topics a practicing professional might encounter in such a project, developed in bite-sized chunks.
Key topics included are:
The inclusion of numerous case studies to illustrate the importance of getting the contract right before it is entered into, and the consequences that may ensue if this is not done, makes The Application of Contracts in Engineering and Construction Projects essential reading for construction professionals, lawyers and students of construction law.
List of Figures and Table
Table of Cases
Table of Legislation
Part I The Engineer and the Contract
2. The Evolution of the Role of the Engineer
3. Time, Cost and Quality – the Engineer’s Eternal Challenge
4. Risk and Construction Contracts
5. Managing Design Risk
6. Contracts for Design Services
7. Design Life or Service Life: What is the Difference?
8. Fit for Purpose or Due Skill and Care? 9. Design & Construct Contracts and Final Design Cost Risk
10. The Duty of Care in Design – Can Engineers Rely on Codes of Practice?
Part II The Project and the Contract
11. The Importance of Standard Form Contracts
12. Challenges in Achieving Successful Megaprojects
13. Managing Time, Cost and Quality – a Tale of Two Buildings
14. A Tale of Two Bridges: Issues Arising from Design and Construct Contracts
15. State of Tasmania v Leighton Contractors Pty Ltd
16. The Canterbury Earthquakes I
17. The Canterbury earthquakes II
18. Construction Failures: Have We Learned the Lessons of History?
19. Lessons from Failures – Quebec Bridge
20. Lessons from Failures – West Gate Bridge
Part III Avoidance and Resolution of Disputes
21. The Avoidance of Disputes by Contractors in Design and Construct Contracts
22. Cost Effective Resolution of Construction Disputes
23. Dispute Boards and Construction Contracts
24. The Commercial Value of Dispute Boards Under FIDIC Contracts
25. The "Best" Method of Resolution of Construction Disputes – Elusive or Illusory?
Part IV Forensic Engineers and Expert Witnesses
26. The Engagement of Forensic Engineers
27. Guidelines for Experts
28. Getting the Most Out of Expert Witnesses
29. The Rules for Expert Evidence in Australia
Part V International Construction Contracts
30. "A Common Law of Construction Contracts" – or Vive la Différence?
31. The Use of the Unidroit Principles in International Construction Contracts
32. Final Comments