Presenting readers with all the need-to-know information on complex construction projects within a single publication, this book expertly focuses on practical issues whilst also providing insights on the law applying to construction projects.
As well as exploring individual subjects such as the negotiation of a contract, the evaluation of a claim or assistance in relation to contractual disputes, the book also creates an overarching understanding of the entire life of a project. It presents an inside view on the various stages of complex projects, from the moment they are conceived to the end of the contractual relation between employer and contractor, including any disputes between the parties. The reader will become familiar with the terminology used in the construction industry, the various phases of complex construction projects, the law applying to each phase and the various deliverables produced by the parties throughout the project. While including sections on the law applying to each phase, the book’s primary focus is on the practical aspects faced on a daily basis by practitioners working in the construction industry.
This book is important reading for professionals involved in construction law at every level, including relevant academics, government employees and lawyers. It will also serve as a useful book for students, providing a comprehensive overview of the many factors and phases of a complex construction project.
Introduction. PART ONE: THE PRE-CONTRACTUAL PHASE. Chapter 1: The pre-tender phase. Chapter 2: The tender phase. Chapter 3: The award phase. PART TWO: INTRODUCTION TO CONSTRUCTION CONTRACTS. Chapter 4: Elements of an enforceable construction contract. Chapter 5: Main categories of construction contracts. PART THREE: CONTRACT NEGOTIATION: CLAUSES SPECIFIC TO CONSTRUCTION CONTRACTS. Chapter 6: General contract negotiation issues. Chapter 7: Price and payment. Chapter 8: Guarantees. Chapter 9: Contract participants. Chapter 10: The site. Chapter 11: Design. Chapter 12: Labour, health and safety. Chapter 13: Performance. Chapter 14: Time. Chapter 15: Suspension. Chapter 16: Variations. Chapter 17: Taking over. Chapter 18: Defects. Chapter 19: Insurance. Chapter 20: Indemnities. Chapter 21: Exclusion and limitation of liability. Chapter 22: Claims. PART FOUR: CONTRACT NEGOTIATION: GENERAL AND “BOILER PLATE” CLAUSES. Chapter 23: General issues. Chapter 24: Other general obligations. Chapter 25: Liability issues. Chapter 26: Environmental, social and governance issues. Chapter 27: Supervening events affecting the parties’ obligations. Chapter 28: Termination. Chapter 29: Governing law and dispute resolution. PART FIVE: THE CONTRACT: INTERPRETATION. Chapter 30: Implied terms. Chapter 31: Interpretation of construction contracts. PART SIX: CONTARCT EXECUTION. Chapter 32: Capacity. Chapter 33: Authority. Chapter 34: Form and formalities. PART SEVEN: DEFENCES FOR NON-PERFORMANCE. Chapter 35: Misrepresentation, illegality, mistake and duress. Chapter 36: Prevention and force majeure. Chapter 37: Suspension, termination and set-off. PART EIGHT: REMEDIES. Chapter 38: Remedies. Chapter 39: Breach of contract and negligence. PART NINE: CLAIMS. Chapter 40: General aspects of claims in construction contracts. Chapter 41: Claims against the employer. Chapter 42: Claims against the contractor. PART TEN: DISPUTES. Chapter 43: Litigation, arbitration and alternative dispute resolution.
Biography
Fabio Solimene is a qualified solicitor with more than 15 years of experience in the construction sector. He is currently Assistant General Counsel at Honeywell HPS, where he manages the EMEA region. Before that, Fabio was Corporate Head of Legal at the global EPC contractor, Saipem, and lawyer at Watson, Farley & Williams. Since 2018, Fabio has been a Visiting Lecturer on the King’s College London M.Sc. in Construction Law and Dispute Resolution.
