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Macmillan Higher Education Palgrave Higher Education

Construction Law

Liability for the Construction of Defective Buildings

Edition 2nd Edition
ISBN 9780333793060
Publication Date October 2001
Formats Paperback 
Publisher Palgrave
Series Building and Surveying Series

Construction Law explores the general principles which govern civil liability for the design and construction of building works. Essentially it is concerned with three key questions which arise in the event of the design or construction proving defective:
(i) who can be sued;
(ii) who can sue; and
(iii) what remedies are available to the injured party.
The author takes a wide view of the subject by placing it in the context of developments in problematical areas of the common law. Particular emphasis is placed on liability in negligence for defective buildings and on the doctrine of privity of contract and their implications for the extent of the liabilities of contractors, subcontractors, design professionals and surveyors.
This new edition contains a new chapter on the Unfair Terms in Consumer Contracts Regulations 1999 and their implications for construction law, discussion of the Contracts (Rights of Third Parties) Act 1999 and consideration of land mark decisions of the UK and Commonwealth courts governing construction liability.
New to this edition:
* A new chapter on the Unfair Terms in Consumer Contracts Regulations 1999 and their implications for construction law.
* Discussion of the implications of the Contracts (Rights of Third Parties) Act 1999 for construction liability.
* The impact of recent land mark decisions of the House of Lords on construction liability.
* Discussion of recent decisions of the Commonwealth courts in the area of negligence and defective buildings.
* The proposals of the Latham report and of the Law Commission's study of joint liability.

MICHAEL F JAMES is Lecturer in Law at the University of Wales Swansea. He has published a number of articles on construction law and professional negligence and is a contributor to two professional encyclopaedias, Practical Financial Management and The Company Secretary's Factbook, both published by Gee & Co.

Builders' Liability in Contract
Unfair Terms in Construction Contracts
Builders' Liability in Negligence
The Defective Premises Act and the NHBC Scheme
The Building Regulations
Liability of Subcontractors
Liability of Architects, Engineers and Quantity Surveyors
Liability of Surveyors for Valuation and Survey
Privity of Contract and Construction Law
Limitation of Actions
Construction Products General Liability Issues
Reform of Construction Law
Bibliography
Index.

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