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Construction Claims

Construction Claims

3rd edition

By Philip Davenport and Helen Durham

CONTENTSREVIEWS

Statutory compulsory rapid adjudication has now spread to all States, the Northern Territory and the ACT. The number of construction claims determined by adjudicators far exceeds the number determined by courts. This has been an important consideration in the writing of this third edition. In the past decade, the Authors have determined over 1,000 adjudications.

Topics arising most frequently are:

  • variations
  • extensions of time
  • delay and disruption
  • liquidated damages
  • penalties
  • time bars
  • global claims
  • quantum meruit
  • set-off and abatement
  • cross-claims
  • termination of the contract
  • waiver and estoppel

These topics were addressed in the last edition but in this edition they have been reviewed and revised. Examples are given of how claims and defences can be made in the alternative. Reported cases suffer from the shortcoming that they only deal with claims and defences raised in the particular case but not with alternative claims and defences that could have been raised. For that reason, many examples in this book are based upon hypothetical facts. Unlike in litigation, a party in adjudication cannot amend a claim or defence. It is therefore essential to get it right initially.

A Glossary of terms has been added to explain legal terms. This book is for parties to building or construction contracts, their consultants and lawyers and all who are interested in or studying construction law.

Significant changes since the last edition are the increase in use of compulsory rapid adjudication, Andrews v Australian and New Zealand Banking Group [2012] HCA 30 and the effect on time bar clauses and other penal provisions in contracts, the Competition and Consumer Act 2010 (Cth) and the increasing importance of proportionate liability.


CONTENTS

Table of Cases
Table of Statutes

Introduction
Why categorise claims?
Legal categories of claims
Categorising remedies
Variation claims
Interest and Hungerfords damages
Time-related claims
Quantum meruit claims
Claims after termination by frustration
Defective work claims
Licensing and building claims
Defences
Claims after termination
The penalty doctrine

Glossary of terms
Index


REVIEWS

Reviews of previous editions:

Philip Davenport is one of Australia’s most experienced construction lawyers. In the second edition of this book, he shares the benefit of that experience by way of insights and advice on the myriad issues which construction participants might encounter in framing or defending claims arising in relation to construction work.
He deals with both fundamental conceptual issues and the more detailed matters which apply specifically to construction claims. …
A prominent feature of this new edition is the taking into account of a development which Mr Davenport regards as having revolutionised construction claims: the enactment of security of payment legislation in many states and territories. In addition to revisions throughout the text, a useful summary of the legislation is provided.

Law Institute Journal (Victoria), April 2007

As a legal text, Construction Claims is an easy read. The content is arranged under clear headings and practical examples support the text by using case law and articulate explanations. The tables of statutes and cases and the index assist with legal research. Davenport is clearly knowledgeable and brings 30 years experience to this text…Davenport has been very thorough in updating this edition, published 10 years after the first edition. In addition, he as authored a similar text titled Adjudication in the Building Industry (also published by the Federation Press) that is pitched at a procedural level. It includes a handy collection of New South Wales, Victorian and New Zealand forms. Construction Claims and Adjudication in the Building Industry certainly make a nice pair. It would be advantageous to acquire both for your collection.

Australian Law Librarian, Vol 15 No 2, 2007

All litigation lawyers would find the early chapters stimulating and thought-provoking. Few experienced construction lawyers would read this work without having gained from it. All construction lawyers would benefit from having it to hand.

Australian Law Journal, March 1996

The author has succeeded in presenting this difficult branch of the law in a manner which is different from that of standard textbooks and is written in such a way as to hold a student's attention.
The book will also be useful in enabling practitioners to decide what remedy is available for a particular set of facts and how such remedy can be enforced; practitioners will be glad to see the last chapter deals with costs!

The Law Letter (Law Soc of Tas), March 1996

... shortcomings not withstanding, this book is well written for its target audience [students of construction law, building, architecture, engineering and so on]. With its conciseness and clarity, it should prove useful for readers seeking an introduction to diverse areas of construction law.

Law Institute Journal (Victoria), April 1996

There is a particularly good chapter on licensing and building claims and, given the recent law in Queensland on the ability of unlicensed builders to claim in quantum meruit, this chapter, alone, is well worth reading.
The text is a good introduction to construction claims and [Davenport] has achieved his aim of keeping the text simple in order to explain the basic nature of claims which most commonly arise out of construction contracts.

Proctor (Qld Law Soc), August 1996

   

Published 1 May 2013
Publisher The Federation Press
Paperback/352pp
ISBN 9781862879126
Australian RRP $85.00
International Price $80.00
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Law - Building & Construction
Law - Contract


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