Construction Claims PDF ePub eBook

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Construction Claims free pdf Statutory compulsory rapid adjudication has now spread to all States, the Northern Territory and the ACT. The number of construction claims determined by adjudicators far exceeds the number determined by courts. This has been an important consideration in the writing of this third edition. In the past decade, the Authors have determined over 1,000 adjudications. Topics arising most frequently are: variations extensions of time delay and disruption liquidated damages penalties time bars global claims quantum meruit set-off and abatement cross-claims termination of the contract waiver and estoppel These topics were addressed in the last edition but in this edition they have been reviewed and revised. Examples are given of how claims and defences can be made in the alternative. Reported cases suffer from the shortcoming that they only deal with claims and defences raised in the particular case but not with alternative claims and defences that could have been raised. For that reason, many examples in this book are based upon hypothetical facts. Unlike in litigation, a party in adjudication cannot amend a claim or defence. It is therefore essential to get it right initially. A Glossary of terms has been added to explain legal terms. This book is for parties to building or construction contracts, their consultants and lawyers and all who are interested in or studying construction law. Significant changes since the last edition are the increase in use of compulsory rapid adjudication, Andrews v Australian and New Zealand Banking Group [2012] HCA 30 and the effect on time bar clauses and other penal provisions in contracts, the Competition and Consumer Act 2010 (Cth) and the increasing importance of proportionate liability.

About Philip Davenport

Philip Davenport is a solicitor practicing exclusively in construction law and an adjunct professor, UNSW. He has written extensively on construction law and worked for city law firms, the Department of Public Works NSW, as a referee on the Building Disputes Tribunal NSW and as a lecturer in the Faculty of the Built Environment, UNSW. For 13 years he has adjudicated claims under the security of payment Acts and trained adjudicators for Adjudicate Today. Helen Durham is a commercial barrister with particular interests in construction law, contract, equity and alternative dispute resolution, including adjudication and mediation.

Details Book

Author : Philip Davenport
Publisher : Federation Press
Data Published : 26 April 2013
ISBN : 1862879125
EAN : 9781862879126
Format Book : PDF, Epub, DOCx, TXT
Number of Pages : 352 pages
Age + : 15 years
Language : English
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