Building Contract Litigation

Contains the specialist knowledge required for the successful handling of building contract litigation, as well as the principles of building contract law. Advice is given on preparing and conducting the action, including an analysis of the issues involved in litigation and arbitration.

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This contains the specialist knowledge that is required for the successful handling of building contract litigations, as well as the principles of building contract law. The book gives advice on preparing and conducting the action, including an analysis of the issues involved in the choice between litigation and arbitration and provides detailed advice on the special problems that can arise during the course of the action. It guides the reader through the area of periods of limitation as laid down by the Limitation Act 1980 and the Latent Damage Act 1986 with the use of a client questionnaire. It also reproduces selected provisions of JCT and NSC/4 contracts, includes an appendix of examples of cases of tortious liability divided into subject area and considers recent cases since the decision taken in NHRA v Crouch and Crown and the problems this has caused. There is an examination of amendments to pleadings and the trend away from the acceptability of later amendments and discussion of the current trend towards using management contracts as well as an evaluation of different types of performance bonds.