Defective Construction Work and the Project

Defective construction work, whether the result of inadequate design, faulty workmanship or poor materials - or some combination of these failings - is a frequent cause of legal disputes. Someone is usually to blame, either the builder or one or more of the professional consultants, or even the entire project team. It is important therefore that the project team should possess a good working knowledge of their responsibilities and liabilities.Written by a solicitor with over twenty years of experience of building disputes, this book examines the responsibilities and liabilities of the project team when defects occur. It sets out the background role of the common law and statute and includes detailed discussion of important case law affecting the construction process from inception through to completion, together with a consideration of the impact of letters of intent, 'no contract' situations, and specific provisions of model conditions of contract.

Kevin Barrett, LLB, FCIArb, is a former partner at Wragge & Co. Solicitors, Birmingham.

Preface	p. ix
Abbreviations	p. x
Definition and Categorisation of Defects	p. 1
Definition of 'defect'	p. 1
Qualitative defects	p. 2
Patent/latent defects	p. 3
Reasonable examination	p. 4
Importance of the distinction between patent and latent defects	p. 6
The 'purchaser', the 'project team' and other terminology	p. 6
Common Law, Statutory and Contractual Rights	p. 8
Common law	p. 8
Statute	p. 10
Contractual rights	p. 11
Contracts: An Overview	p. 13
Function	p. 13
The basics	p. 14
Express terms	p. 15
Implied terms	p. 16
Exclusion of implied terms	p. 20
Exclusion clauses	p. 21
Risk allocation	p. 22
Model conditions of contract	p. 22
No Contract/Restitution	p. 24
Restitution	p. 24
Restitution and defects	p. 25
Letters of Intent	p. 32
Function	p. 32
Legal analysis	p. 32
The implications where defects occur	p. 34
Tort: An Overview	p. 36
Negligence	p. 36
Complex structures	p. 38
Economic harm	p. 42
Builders and professional consultants	p. 46
The Defective Premises Act 1972	p. 52
Application	p. 52
Fitness for habitation	p. 54
Exclusion	p. 55
Third Party Rights	p. 56
The exception	p. 57
Agency	p. 58
Assignment	p. 58
Novation	p. 59
Statutory third party rights	p. 60
Collateral contracts	p. 63
Tort	p. 64
Statutory Requirements	p. 66
The Building Act 1984	p. 66
Building regulations	p. 67
Construction products	p. 68
Workplace safety regulations	p. 68
CDM regulations	p. 69
The relationship with contractual obligations	p. 70
The Builder's Obligations: Design, Workmanship and Materials	p. 73
Buildability, durability and maintenance	p. 74
Workmanship	p. 75
Materials	p. 82
Design	p. 90
The Builder's Obligations: Defects Before Completion	p. 93
Temporary disconformities	p. 93
Opening up the work	p. 98
Defects and interim payment	p. 100
The Builder's Obligations: Defects at Completion	p. 106
Scope of work to be completed	p. 106
Completion	p. 109
Snagging	p. 113
The effect of practical completion	p. 114
The ICE, NEC3 and MF/1 conditions	p. 115
The JCT Major Project Construction Contract	p. 115
The provision of information prior to practical completion	p. 116
The Builder's Obligations: Defects Post Completion	p. 118
The common law	p. 118
Defects liability period	p. 119
Retention money	p. 124
Retention bonds	p. 127
Final certificates	p. 127
The Professional Team	p. 132
Membership of a professional body	p. 132
The structure of the team	p. 133
Duties	p. 135
Buildability, durability and maintenance	p. 140
Architects and Engineers	p. 142
Design	p. 143
Selecting builders and other specialists	p. 146
Supervision	p. 146
Periodic inspection	p. 148
Certification	p. 150
Design review	p. 152
Defects investigations	p. 155
Honest reporting	p. 156
Termination of performance	p. 157
Project Managers, Surveyors and Others	p. 158
Project managers	p. 158
Quantity surveyors	p. 160
CDM coordinators	p. 163
Clerk of works/engineer's representative	p. 163
Compensation	p. 164
Abatement	p. 164
Set-off	p. 166
Compensation	p. 167
Betterment	p. 172
Mitigation	p. 173
Parasitic losses	p. 174
Distress and inconvenience	p. 176
Contribution	p. 177
Contributory negligence	p. 178
Enforcement of performance	p. 178
Termination	p. 180
Breach of condition	p. 180
Repudiation	p. 180
Express termination provisions	p. 181
Limitation	p. 183
Contract	p. 183
Tort	p. 184
Contractual limitation provisions	p. 188
Limitation and contribution proceedings	p. 189
Defective Premises Act	p. 189
Dispute Resolution	p. 190
Litigation	p. 190
Arbitration	p. 192
Adjudication	p. 193
Expert determination	p. 194
Alternative dispute resolution	p. 194
Bibliography	p. 196
Table of Cases	p. 197
Table of Statutes	p. 208
Regulations, Directives, Reports, Rules of Court, Treaties	p. 209
Index	p. 210
Table of Contents provided by Ingram. All Rights Reserved.

What is included with this book?

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.

FREE SHIPPING

Amazon no longer offers textbook rentals. We do!

Defective Construction Work and the Project Team

Summary

Author Biography

Table of Contents

Supplemental Materials