Building Contract Casebook

Michael P. Furmston TD, MA, BCL, LLM, Bencher of Gray's Inn, is Dean of the School of Law and Professor of Law at Singapore Management University. He is also Emeritus Professor and senior research fellow in the School of Law at Bristol University. An internationally acknowledged authority on contract and commercial law, he is author of the leading textbook on contract law Cheshire, Fifoot & Furmston on Contract, and has acted as Editor of the Construction Law Reports since 1985.

Preface vii PART I FORMATION OF THE CONTRACT 1 1 Letters of Intent 3 2 Costs of Tendering 9 3 Tenders and Estimates 14 4 Incorporation of Documents 20 5 Completion of the Contract 43 PART II PERFORMANCE OF THE CONTRACT 59 6 The Contractor s Obligations 61 Design 61 Materials and workmanship 74 Progress and completion 92 Indemnities and insurance 95 7 The Employer s Obligations 133 Possession of site 133 Time and extent of possession 133 Site conditions 137 Co-operation 142 Instructions 151 Payment 154 Lump sum contracts 155 Other contracts 158 Retention 159 Quantum meruit 162 Set-off 165 Miscellaneous 176 Nomination of sub-contractors and specialists 176 Objection to nominees 176 Displacement of implied terms 177 Form of sub-contracts 177 Effect of failure 177 Default in supply of goods 178 8 Ownership and Vesting of Materials 180 Materials and goods 180 Vesting clauses 185 9 Acceptance and Defects 187 10 Approval and Certifi cates 191 General 191 Nature and effect of certifi cates 204 Recovery without certifi cate 226 11 Variations 228 12 Damages for Breach of Construction Contracts 246 13 Prolongation and Disruption Claims 272 14 Liquidated Damages and Extensions of Time 319 Liquidated damages 319 Extensions of time 336 Interpretation of provisions 351 PART III DISCHARGE OF THE CONTRACT 353 15 Release 355 16 Frustration 358 17 Illegality 365 18 Forfeiture Clauses, Repudiation and Determination 369 19 Limitation 388 The Limitation Act 1980 388 Latent Damage Act 1986 391 PART IV SUB-CONTRACTS AND SUB-CONTRACTING 399 20 Assignment and Sub-letting 401 21 Domestic Sub-contractors 411 22 Nominated Sub-contractors 414 PART V BUILDING CONTRACTS AND THE LAW OF TORT 441 23 Building Contracts and the Law of Tort 443 Table of Cases 467 Index 485