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Construction Claims e4

Construction Claims e4

By P Davenport

Since the last edition of this book there have been significant changes in the law governing construction claims. In the first two decades of compulsory rapid adjudication there have been hundreds of decisions on the interpretation of the legislation but very many have been overruled and many now need to be reconsidered in the light of recent High Court decisions.

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  • Full description

    Since the last edition of this book there have been significant changes in the law governing construction claims. In the first two decades of compulsory rapid adjudication there have been hundreds of decisions on the interpretation of the legislation but very many have been overruled and many now need to be reconsidered in the light of recent High Court decisions.

    A century of decisions on the right of a contractor when the principal repudiates the contract have been overturned. The scope of unjust enrichment has been expanded by the High Court. Recent decisions from the UK have important implications for apportionment of global claims and concurrent delay. The book makes cogent arguments for abolition of the prevention principle and the entire contract rule and the adoption of deemed trusts. NSW in 2020 created a unique cause of action to give owners corporations and lot owners an entitlement to recover economic loss arising from defective building work.

    Written by one of Australia’s foremost construction lawyers, the fourth edition of Construction Claims has been thoroughly reviewed and updated to take account of these changes. It remains an essential resource for anyone involved in making – or defending – construction claims.

  • About the author
  • Product details

    ISBN: 9781760022525

    Published: 2020

    Format: Softcover

  • Table of contents

    Table of Cases
    Table of Statutes

    1. Introduction
    2. Why categorise claims?
    3. Legal categories of claims
    4. Categorising remedies
    5. Variation claims
    6. Interest
    7. Time-related claims
    8. Quantum meruit claims
    9. Claims after termination by frustration
    10. Defective work claims
    11. Licensing and building claims
    12. Defences
    13. Claims after termination
    14. The penalty doctrine
    15. The deemed trust

    Glossary of terms
    Index

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