Michael Furmston
The interaction between general principles and the provisions of the standard building and construction contracts is a central feature of construction law. The major part of the law is laid down in decided cases, and construction professionals should be familiar with these cases but the information is scattered throughout a large number of law reports.
The fifth edition of Powell Smith and Furmston's Building Contract Casebook is designed to help construction professionals become familiar with those key cases. It brings together a wide range of cases on the main aspects of the law of construction contracts, states the principle established by each case and gives a summary of the facts and the decision. For the majority of cases, verbatim extracts from the judgment are included.
The casebook presents the leading cases on each topic, together with many lesser-known but important decisions. A number of useful decisions from the Commonwealth are also included. Throughout, the author's approach is practical rather than academic.
Table of 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 Other 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 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 Certifi cates 191 General 191 Nature and effect of certifi cates 204 Recovery without certifi cate 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
About the Author
Michael P. Furmston TD, MA, BCL, LLM, Bencher of Gray's Inn, is Dean of the School of Law and Professor of Law at Singapore Management University. He is also Emeritus Professor and senior research fellow in the School of Law at Bristol University. An internationally–acknowledged authority on contract and commercial law, he is author of the leading textbook on contract law – Cheshire, Fifoot & Furmston on Contract, and has acted as Editor of the Construction Law Reports since 1985.
