This book of construction law contains a unique in-depth analysis of legal routes to pay for construction and engineering work that are not evident from the express words of the contract. These extra-contractual remedies are of great importance, but they are frequently underused. This book brings them together in a unified way for the first time. They include claims in damages for breach of implied terms, quantum meruit, negligence, statutory recoveries, and other legal principles that may be invoked – including prevention, impossibility, and relief from forfeiture to circumvent contractual obstacles to payment, and the impact of fraud and unconscionability. Particularly useful are the book’s checklists, prompting the reader to explore possible causes of action that may not otherwise present themselves as available.
The first volume contains the main text, and the second reproduces the key passages from decided cases and legislation in England, Australia, and other common law jurisdictions around the world, which underpin these extra-contractual remedies. The book is an incisive and compelling practical guide from one of the most successful construction litigators of his generation.
Table of Contents
Volume I
Chapter 1 – Introduction
Chapter 2 – Implied terms
Chapter 3 – Intermediate Agreements, Certifications, Etc
Chapter 4 – Circumvention of Contractual Provisions
Chapter 5 – Damages for Breach of Contract
Chapter 6 – Misrepresentation
Chapter 7 – Quantum Meruit
Chapter 8 – Negligence and Other Torts
Chapter 9 – Repudiation, Frustration, and Other Doctrines
Chapter 10 – Statutory Recoveries
Chapter 11 – Bills of Exchange, Bonds, Liens, Charges Etc
Chapter 12 – Contracting out of Extra-Contractual Liability
Chapter 13 – Adjudication and Other Recovery Techniques
Chapter 14 – Procurement and Management
Envoi
Index
Volume II
Appendix I – Extracts from Statutory Provisions
Appendix II – Extracts from Cases
Index
About the Author:
Robert Fenwick Elliott is a distinguished author and practicing lawyer specializing in construction law and dispute resolution.
He has achieved recognition for his expertise and deep knowledge in the field. As an authoritative figure, he has authored multiple books, provided legal advice and consulting services to clients, and represented them in construction-related disputes.
Additionally, he is a sought-after international speaker, sharing his insights on construction law and dispute resolution.
His accomplishments highlight his significant contributions to the field and showcase his expertise, thought leadership, and successful outcomes for clients.
