Davenport-Construction Claims 4th Ed (2020). Publishing November 2020. Soft Cover. isbn 9781760022525
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 contracts. 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.
CONTENTS
Table of Cases
Table of Statutes
Introduction
Why categorise claims?
Legal categories of claims
Categorising remedies
Variation claims
Interest
Time-related claims
Quantum meruit claims
Claims after termination by frustration
Defective work claims
Licensing and building claims
Defences
Claims after termination
The penalty doctrine
The deemed trust
Glossary of terms
Index
REVIEWS
Reviews of previous editions:
Philip Davenport is one of Australia’s most experienced construction lawyers. In the second edition of this book, he shares the benefit of that experience by way of insights and advice on the myriad issues which construction participants might encounter in framing or defending claims arising in relation to construction work.
He deals with both fundamental conceptual issues and the more detailed matters which apply specifically to construction claims. …
A prominent feature of this new edition is the taking into account of a development which Mr Davenport regards as having revolutionised construction claims: the enactment of security of payment legislatbr />ion in many states and territories. In addition to revisions throughout the text, a useful summary of the legislation is provided.
Law Institute Journal (Victoria), April 2007
As a legal text, Construction Claims is an easy read. The content is arranged under clear headings and practical examples support the text by using case law and articulate explanations. The tables of statutes and cases and the index assist with legal research. Davenport is clearly knowledgeable and brings 30 years experience to this text…Davenport has been very thorough in updating this edition, published 10 years after the first edition. In addition, he as authored a similar text titled Adjudication in the Building Industry (also published by the Federation Press) that is pitched at a procedural level. It includes a handy collection of New South Wales, Victorian and New Zealand forms. Construction Claims and Adjudication in the Building Industry certainly make a nice pair. It would be advantageous to acquire both for your collection.
Australian Law Librarian, Vol 15 No 2, 2007
All litigation lawyers would find the early chapters stimulating and thought-provoking. Few experienced construction lawyers would read this work without having gained from it. All construction lawyers would benefit from having it to hand.
