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Manual of Construction Agreements Set

A comprehensive guide to the law and practice governing construction contracts, with a focus on the major standard form agreements.
In Stock
ISBN/ISSN: 9780853082286

Product description

Why should you subscribe to Manual of Construction Agreements

The Manual of Construction Agreements is a comprehensive guide to the law and practice governing construction contracts, with a focus on the major standard form agreements. Originally written by Richard Cockram, one of the country's leading construction lawyers, it includes a comprehensive bank of expertly drafted amendments to the standard form agreements and a suite of precedents, together with guidance and drafting notes.

Construction drafting is a central part of commercial property transactions, raising complex issues of law, interpretation and procedure. The key to addressing these issues lies in having rapid access to draft forms of agreement and specialist expertise based on a sound understanding of industry practice, case-law and current legislation.

Benefits of the service include:

  • An exhaustive suite of over 100 expertly drafted and comprehensively annotated forms and precedents, written from the perspective of end-users
  • A 650-page statement of relevant law and practice - including detailed commentary on the principal industry-standard forms
  • Updated twice a year to cover relevant developments in construction law and practice
  • An introduction to contractual arrangements relating to construction procurement, the appointment of design consultants and related matters
  • In-depth analysis of the relevant areas of law that have been the subject of recent developments in the form of new legislation or reported cases, or in which certain difficult problems remain to be resolved
  • A new chapter and accompanying forms and precedents covering the FIDIC contracts, which are the most widely used forms for contracts internationally for the construction, plant and design industries.

Featured authors

Table of contents

Issue 28 May 2019

In this issue, we have made update amendments to reflect the Supreme Court judgments in Rock Advertising Ltd v MWB Business Exchange Centres Ltd, which decided that such called ‘no-oral variation’ clauses or ‘no oral modification’ clauses are effective. The Court of Appeal in England and Wales in Triple Point Technology, Inc v PTT Public Co Ltd has shattered orthodox thinking on how to apply a clause imposing liquidated damages for delay to completion in circumstances where the contractor never actually achieves completion because his employment is terminated. In such scenarios, it was commonly thought that liquidated damages applied between the original date for completion and either the later date of termination or the date at which completion was ultimately reached post-termination using another contractor. Triple Point Technology, Inc v PTT Public Co Ltd has ruled that such approaches are incorrect in such a scenario and unless express words in the clause imposing liquidated damages state otherwise, the liquidated damages regime has no application in such a scenario because the contractor has not actually completed the works or handed over the works to the employer.

The Court of Appeal also featured in North Midland Building Ltd v Cyden Homes Ltd (which reinforced the point that the prevention principle is not a question of public policy but of contract drafting (such that it can be circumvented)); in Gosvenor London Ltd v Aygun Aluminium UK Ltd (which considered issues as to a court’s discretion to stay a judgment enforcing an adjudicator’s decision where there is evidence of a real risk that assets will be dissipated before the substantive dispute is determined; the interplay between adjudication enforcement and allegations of fraud; and the extent, if at all, to which a party can seek a stay by reference to evidence that was or could have been deployed in the adjudication); and in S&T (UK) Ltd v Grove Developments Ltd (which confirmed that, where there has been a so-called ‘smash and grab’ adjudication, an employer can bring another adjudication to consider the true value of the works and do so before the final account).

We have also made updates dealing with substantive issues of frustration, exclusion clauses, implied terms, Contracts (Rights of Third Parties) Act 1996, the meaning of ‘practical completion’ and recovery of head office overheads. Adjudication continues to be important and we made updated sections looking at the meaning of ‘dispute’, breach of natural justice, reserving position in adjudication and the use of fraud in resisting enforcement of adjudication decisions.

A number of the Forms have been updated for this issue. In particular, the liquidated damages provisions in the Forms in sections 2, 3, 4 and 5 (with the exception of the IChem E Forms) have been amended following the decision of the Court of Appeal in Triple Point Technology, Inc v PTT Public Co Ltd [2019] EWCA Civ 230.

The amended Forms adopt what, prior to that decision, was seen as the orthodox position on payment of liquidated damages when the contract is terminated prior to completion of the works and the contractor is in delay, ie liquidated damages are payable in respect of any period of delay prior to termination of the contract and general damages in respect of any delay in completion following termination.

Forms B60 (amendments to NEC4 ECC), B60AA (amendments to NEC4 PSC) and B60AB (amendments to NEC4 ESC) have been amended to incorporate the NEC January 2019 amendments (published in March 2019) and to make a small number of consequential changes.

Forms B60A, B60B and B60C (amendments to the FIDC Silver, Red and Yellow Books respectively) have been amended to incorporate the errata published by FIDIC and in the case of Form 60B to make a small consequential amendment.

A small number of minor drafting corrections have also been made in the revised Forms.

Part A Law and Practice

  • The Nature of Construction Contracts
  • The JCT Contracts
  • Non-JCT Construction Contracts
  • Standard Form Consultants' Appointments
  • Collateral Warranties and Third Party Rights
  • Guarantee Bonds and Parent Company Guarantees
  • Insurance
  • Assignment
  • Novation
  • Letters of Intent
  • The CDM Regulations
  • Relevant Legislation
  • Dispute Resolution: Litigation and Arbitration
  • Dispute Resolution: Adjudication, Expert Determination and ADR
  • The Form and Content of Deeds and Documents
  • The Execution of Deeds and Other Documents

Part B Forms

  • Consultants' Appointments
  • Amendments to JCT Contracts
  • Amendments to ICE Contracts
  • Amendments to NEC/ECC Contract
  • Management Contracting
  • Collateral Warranties
  • Novations
  • Letters of Intent
  • Surety Documents
  • Miscellaneous