Now in a fully updated third edition, The Law of Construction Disputes is a leading source of authoritative and detailed information on the whole area of construction law including contracts and their performance, third parties, pursuing claims and dispute resolution. It covers the construction dispute process by analysing the main areas from which disputes arise, up to date case law, and how to effectively deal with construction project disputes once they have arisen. Now including references to the new FIDIC contracts, which were released in 2017, this edition expands on advanced practitioner issues, as well as the emerging law of construction disputes on an international basis and gives the practitioner all the case law needed in one concise volume.
The book examines the methods and methodology of construction law, not only for a common law context, but also under other legal systems. Readers will be guided through the various international contract formats governing construction, alongside applicable case law. Additionally, they will be shown the correct contract provisions and forms used to prevent disputes from escalating in order to reach successful conclusions without litigation.
Including expert advice and many relevant reference materials, this book is an extremely helpful guide to legal practitioners and construction professionals.
Table of Contents
1. Introduction to Construction Disputes 2. The Construction Contract 3. Design Disputes and Liability 4. Site Conditions 5. The Subcontractor 6. Defences to Construction Disputes 7. Issues Regarding Contractors Rights and Obligations Under Standard Form Agreements 8. Termination of Contract 9. The Certification Process 10. Types of Claims 11. Collateral Warranties 12. Non-Contract Liability 13. Time at Large and Time-Bar Clauses 14. Dispute Resolution 15. Key Issues in Dispute Resolution
Dr Cyril Chern is a Barrister practising at 4 New Square Chambers, London. He has practised since 1972, specifically in the areas of engineering and construction disputes in the United Kingdom, the EU and internationally. Not only is he a highly praised and respected Barrister, he is also a Chartered Architect, Chartered Arbitrator, Accredited Mediator, Adjudicator, and Engineer and has written widely on Construction Disputes, Construction Law, Adjudication and Mediation. He also teaches Dispute Board and comprehensive advanced FIDIC contracts Courses for the World Bank/International Finance Corporation, ICC, FIDIC and the Dispute Board Federation (Geneva), as well as Adjudication and commercial mediation for the World Bank, the IFC, ICC, and the DBF.