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Home > Law > Laws of specific jurisdictions > Company, commercial and competition law: general > Construction and engineering law > Issues in Construction Law: Formation of Contract, Terms and Interpretation
Issues in Construction Law: Formation of Contract, Terms and Interpretation

Issues in Construction Law: Formation of Contract, Terms and Interpretation


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About the Book

The Book concentrates on the issues that may affect the formation of contract. The essential requirements are examined of agreement, certainty, intention to create legal relations and capacity in the context of construction practice. Factors which may affect formation are examined in detail including mistake, misrepresentation, economic duress, undue influence, illegality and lack of formality. Particular attention is devoted to the admissibility of evidence. A significant part of the book examines the implication of terms including various legislation relevant to construction practice as well as particular terms such as non-impedance and cooperation. The final chapter of the book deals with the interpretation of the contract, setting out the relevant legal principles, examines the various forms of estoppel and examines particular types of terms such as deeming provisions, entire agreement clauses, exhaustive remedy clauses and penalties. The commercial approach to interpretation is dealt with in detail including correction by construction for mistakes and rectification. There is extensive reference to caselaw and legislation, with some 850 cases referred to. The book is an easily readable reference book and provides practical insight into the issues of contract formation, implication and interpretation of terms. It is a must for lawyers and anyone involved in the commercial aspects of construction contracts and dispute resolution.

Table of Contents:
CHAPTER 1 FORMATION OF CONSTRUCTION CONTRACT Construction Practice Requirements for Creation of a Contract The Effect of Mistake Rescission for Misrepresentation Defence of Economic Duress Defence of Undue Influence Estoppel by Convention Illegality and Unenforceability Admissibility of Evidence CHAPTER 2 FORMALITY Construction Practice Contracts of Guarantee & Indemnity Contracts of "Collateral Warranty" Deeds Manner of Contract Formation Rights in Relation to the Contract Adjudication & Arbitration CHAPTER 3 INCORPORATION BY REFERENCE Construction Practice General Principles Notice Standard Terms Usual Terms Between the Parties Phrases of Incorporation Third Party Contract Terms Arbitration and Jurisdiction Clauses CHAPTER 4 INCOMPLETE EXPRESS AGREEMENT Construction Practice General Principles Essential Terms Incomplete Identification of Terms CHAPTER 5 IMPLIED TERMS Construction Practice General Principles Terms Imposed by Legislation Terms Implied by Construction Terms Implied by Market Usage Terms Imported by Rule of Law Particular Types of Implied Terms Entire Agreement Clauses and Implied Terms CHAPTER 6 INTERPRETATION OF CONTRACTS The Essential Problems Jurisprudence of Interpretation Legal Principles Conventional Meaning Maxims and Canons of Construction Business Common Sense and Absurdity Ambiguity Mistake in Language Admissible Extrinsic Evidence Estoppel by Convention Estoppel by Representation Contractual Estoppel Estoppel by Deed Deeming Provisions Entire Agreement Clauses Exclusion of Liability Clauses Indemnity Clauses Exhaustive Remedy Clauses Penalties Rectification

About the Author :
Daniel Atkinson BSc(Hons) LLB(Hons) FICE FCIArb FCInstCES DipIArb Barrister (non-practising) has more than 40 years experience in construction. He was a successful practising chartered engineer for 18 years, graduated with his law degree whilst in work full time and was called to the Bar as a non-practising barrister in 1994. He has extensive experience managing disputes including international disputes and acts as mediator, adjudicator and arbitrator. He is also author of Causation in Construction Law and proprietor of www.atkinson-law.com which includes extensive articles and case histories and further details of his experience.


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Product Details
  • ISBN-13: 9780955729317
  • Publisher: Daniel Atkinson Limited
  • Publisher Imprint: Daniel Atkinson Limited
  • Height: 240 mm
  • Sub Title: Formation of Contract, Terms and Interpretation
  • ISBN-10: 0955729319
  • Publisher Date: 31 Aug 2012
  • Binding: Hardback
  • Spine Width: 30 mm
  • Width: 165 mm


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