Powell-Smith and Furmston's building contract casebook PDF
Preview Powell-Smith and Furmston's building contract casebook
Powell-Smith and Furmston’s Building Contract Casebook Powell-Smith and Furmston’s Building Contract Casebook Fifth Edition Michael Furmston TD, BCL, MA, LLM A John Wiley & Sons, Ltd., Publication This edition first published 2012 © 2012 John Wiley & Sons, Ltd © 1984, 1987, 1990, 2000, 2006 The estate of Vincent Powell-Smith and Michael Furmston Wiley-Blackwell is an imprint of John Wiley & Sons, formed by the merger of Wiley’s global Scientific, Technical and Medical business with Blackwell Publishing. Registered office: John Wiley & Sons, Ltd, The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ, UK Editorial offices: 9600 Garsington Road, Oxford, OX4 2DQ, UK The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ, UK 2121 State Avenue, Ames, Iowa 50014-8300, USA For details of our global editorial offices, for customer services and for information about how to apply for permission to reuse the copyright material in this book please see our website at www.wiley.com/wiley-blackwell. The right of the author to be identified as the author of this work has been asserted in accordance with the UK Copyright, Designs and Patents Act 1988. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as permitted by the UK Copyright, Designs and Patents Act 1988, without the prior permission of the publisher. Designations used by companies to distinguish their products are often claimed as trademarks. All brand names and product names used in this book are trade names, service marks, trademarks or registered trademarks of their respective owners. The publisher is not associated with any product or vendor mentioned in this book. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold on the understanding that the publisher is not engaged in rendering professional services. If professional advice or other expert assistance is required, the services of a competent professional should be sought. First edition published 1984 by Granada Publishing First edition (revised) published 1987 by BSP Professional Books Second edition published 1990 Third edition published 2000 by Blackwell Science Ltd Fourth edition published 2006 by Blackwell Publishing Fifth edition published 2012 by John Wiley & Sons, Ltd Library of Congress Cataloging-in-Publication Data Furmston, M. P. Powell-Smith and Furmston’s building contract casebook / Michael Furmston. – 5th ed. p. cm. Includes bibliographical references and index. ISBN 978-0-470-65592-4 (hard cover : alk. paper) 1. Construction contracts–England–Cases. 2. Construction contracts–Wales–Cases. I. Powell-Smith, Vincent. Powell-Smith and Furmston’s building contract casebook. II. Title. III. Title: Powell-Smith and Furmston’s building contract casebook. IV. Title: Building contract casebook. KD1641.F87 2012 343.41'07869–dc23 2011035017 A catalogue record for this book is available from the British Library. Wiley also publishes its books in a variety of electronic formats. Some content that appears in print may not be available in electronic books. Set in 10/12.5 pt Minion by Toppan Best-set Premedia Limited 1 2012 Contents 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 Oth er 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 v vi Contents 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 Certificates 191 General 191 Nature and effect of certificates 204 Recovery without certificate 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 Preface The last edition of this book appeared in 2005. The flow of new and interesting cases on Building Contracts has continued unabated. I have tried to keep the book to the same length though a change in typeface has actually meant a reduction in the number of pages. I have included 14 new cases and taken out altogether 8 cases as well as reducing somewhat the quotations from a few other cases. In the first four editions Julia Burden provided invaluable editorial support (while working for three different publishers). Her successors at Wiley-Blackwell (as it now is) have been most helpful. The support of Angie Choo Kum Woon in Singapore has been invaluable. Michael Furmston October 2011 vii
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