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Issues in Construction Law - Formation of Contract, Terms and Interpretation

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Issues in
Construction Law

Formation of Contract, Terms and Interpretation

by Daniel Atkinson (Author)
Hardcover:  488 pages
Price:          £190.00
Publisher:   Daniel Atkinson Ltd
Language:  English
ISBN:         978-0-9557293-1-7
Dimensions: 240 x 165 mm

Most disputes in construction law raise questions such as whether there is a contract and if so, what are its terms and the meaning of those terms. I have identified the essential legal principles in order to provide practical answers. The approach in this book is to identify information which I would require in order to apply the principles to practical problems, so that extensive reference is made to decided cases, some 850 cases in total.

Daniel Atkinson

The Book concentrates on the issues that may affect the formation of contract. The essential requirements are examined of agreement, certainty, intention to create legal relations and capacity in the context of construction practice. Factors which may affect formation are examined in detail including mistake, misrepresentation, economic duress, undue influence, illegality and lack of formality. Particular attention is devoted to the admissibility of evidence.

A significant part of the book examines the implication of terms including various legislation relevant to construction practice as well as particular terms such as non-impedance and cooperation.

The final chapter of the book deals with the interpretation of the contract, setting out the relevant legal principles, examines the various forms of estoppel and examines particular types of terms such as deeming provisions, entire agreement clauses, exhaustive remedy clauses and penalties. The commercial approach to interpretation is dealt with in detail including correction by construction for mistakes and rectification.

The book is an easily readable reference book provides practical insight into the issues of contract formation, implication and interpretation of terms. It is a must for lawyers and anyone involved in the commercial aspects of construction contracts and dispute resolution.


Chapter 1 Formation of Construction Contracts

  • Construction Practice
  • Requirements for Creation of a Contract
  • The Effect of Mistake
  • Rescission for Misrepresentation
  • Defence of Economic Duress
  • Defence of Undue Influence
  • Estoppel by Convention
  • Illegality and Unenforceability
  • Admissibility of Evidence

Chapter 2 Formality

  • Construction Practice
  • Contracts of Guarantee & Indemnity
  • Contracts of “Collateral Warranty”
  • Deeds
  • Manner of Contract Formation
  • Rights in Relation to the Contract
  • Adjudication & Arbitration

Chapter 3 Incorporation by Reference

  • Construction Practice
  • General Principles
  • Notice
  • Standard Terms
  • Usual Terms Between the Parties
  • Phrases of Incorporation
  • Third Party Contract Terms
  • Arbitration and Jurisdiction Clauses

Chapter 4 Incomplete Express Agreement

  • Construction Practice
  • General Principles
  • Essential Terms
  • Incomplete Identification of Terms

Chapter 5 Implied Terms

  • Construction Practice
  • General Principles
  • Terms Imposed by Legislation
  • Terms Implied by Construction
  • Terms Implied by Market Usage
  • Terms Imported by Rule of Law
  • Particular Types of Implied Terms
  • Entire Agreement Clauses and Implied Terms

Chapter 6 Interpretation of Contracts

  • The Essential Problems
  • Jurisprudence of Interpretation
  • Legal Principles
  • Conventional Meaning
  • Maxims and Canons of Construction
  • Business Common Sense and Absurdity
  • Ambiguity
  • Mistake in Language
  • Admissible Extrinsic Evidence
  • Estoppel by Convention
  • Estoppel by Representation
  • Contractual Estoppel
  • Estoppel by Deed
  • Deeming Provisions
  • Entire Agreement Clauses
  • Exclusion of Liability Clauses
  • Indemnity Clauses
  • Exhaustive Remedy Clauses
  • Penalties
  • Rectification