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Powell Smith and Furmston s Building Contract Casebook 4th Edition by Michael Furmston ISBN 1405171685 9781405171687

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Powell Smith and Furmston s Building Contract Casebook 4th Edition Michael Furmston Digital Instant Download

Author(s): Michael Furmston
ISBN(s): 9781405171687, 1405171685
Edition: 4
File Details: PDF, 2.16 MB
Year: 2006
Language: english
SKU: EB-1564502 Category: Tag:

Powell Smith and Furmston s Building Contract Casebook 4th Edition by Michael Furmston – Ebook PDF Instant Download/Delivery: 1405171685, 9781405171687
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Product details:

ISBN 10: 1405171685 
ISBN 13: 9781405171687
Author: Michael Furmston

This well established reference book brings together leading cases on building contracts to illustrate legal principles. It provides a statement of the principle established, a summary of the facts and the decision and, for most cases, a verbatim extract of the judgment. The latest edition includes a number of new cases since the last edition was published in 1999.

Powell Smith and Furmston s Building Contract Casebook 4th Table of contents:

Chapter 1: Formation of the Contract

  • Offer and Acceptance
  • Intention to Create Legal Relations
  • Consideration
  • Certainty of Terms
  • Letters of Intent and Pre-Contractual Agreements
  • Estoppel and Promissory Estoppel

Chapter 2: Terms of the Contract

  • Express Terms
  • Implied Terms (by statute, common law, custom)
  • Conditions, Warranties, and Innominate Terms
  • Interpretation of Contractual Terms
  • Rectification
  • The Entire Agreement Clause

Chapter 3: Parties to the Contract

  • Main Contractors, Subcontractors, and Nominated Subcontractors
  • Direct Contractors
  • Rights of Third Parties (Contracts (Rights of Third Parties) Act 1999 implications)
  • Joint Ventures and Consortia

Chapter 4: The Architect/Contract Administrator and Engineer

  • Role and Duties of the Professional
  • Authority of the Professional
  • Certificates and Valuations
  • Liability of the Professional to the Employer and Contractor

Chapter 5: Price and Payment

  • Ascertaining the Price (Lump Sum, Re-measurement, Cost Plus)
  • Interim Payments
  • Final Payment
  • Certification and its Effect
  • Payment Mechanisms (e.g., Pay Less Notices)
  • Set-off and Abatement
  • Fluctuation Clauses

Chapter 6: Time for Completion and Delay

  • Completion Dates and Extensions of Time
  • Delays and Disruption (causes and analysis)
  • Liquidated Damages and Penalties
  • Acceleration
  • Critical Path Analysis (as it relates to legal arguments)

Chapter 7: Variations

  • Definition and Scope of Variations
  • Instructions for Variations
  • Valuation of Variations
  • Omissions

Chapter 8: Quality and Standards

  • Implied Duty to Perform Work with Due Care and Skill
  • Fitness for Purpose
  • Defective Work and its Consequences
  • Warranties and Guarantees
  • Inspection and Testing

Chapter 9: Vitiating Factors

  • Mistake
  • Misrepresentation
  • Duress and Undue Influence
  • Illegality

Chapter 10: Performance and Breach of Contract

  • Performance Obligations
  • Breach of Contract (actual and anticipatory)
  • Repudiation
  • Termination of the Contract (by agreement, breach, frustration)

Chapter 11: Remedies for Breach of Contract

  • Damages (expectation, reliance, consequential loss)
  • Principles of Remoteness and Mitigation
  • Specific Performance
  • Injunctions
  • Quantum Meruit

Chapter 12: Frustration of Contract

  • Definition and Effects of Frustration
  • Events Giving Rise to Frustration
  • Common Law and Statutory Provisions (Law Reform (Frustrated Contracts) Act 1943)

Chapter 13: Assignment and Novation

  • Principles of Assignment (of rights, obligations)
  • Novation

Chapter 14: Dispute Resolution

  • Negotiation
  • Mediation
  • Adjudication (Construction Act 1996 and subsequent legislation implications)
  • Arbitration
  • Litigation (Expert determination)

Chapter 15: Professional Negligence in Construction

  • Duty of Care
  • Breach of Duty
  • Causation and Damage
  • Defenses

Chapter 16: Insurance and Risk

  • Common Insurance Policies in Construction (CAR, PI, Employer’s Liability)
  • Allocation of Risk in Contracts

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Tags: Michael Furmston, Powell, Furmston