Wilmot-Smith on Construction Contracts, Fourth Edition | 2021


Wilmot-Smith on Construction Contracts, Fourth Edition

Richard Wilmot-Smith, QC and Paul Darling
Publication Date
July 2021


New to this Edition of Construction Contracts:

  • Expansion of information on international arbitration with editorial guidance from renowned international arbitrators.
  • Lord Justice Coulson lauds the rewritten adjudication chapter.
  • presents a revised chapter on mediation authored by the top UK mediators.

The fourth edition of Wilmot Smith on Construction Contracts maintains its straightforward and applicable approach to the UK's construction contract law and practise. It delivers clear assistance when looking for challenging solutions and offers thorough coverage of the substantive legislation and contemporary dispute resolution procedures in the field of construction.

As a co-editor, Paul Darling Q.C. has joined Richard Wilmot-Smith Q.C. Together, they have expanded, improved, and updated the work's scope. The author team includes prominent newcomers to the field of international arbitration, such as David Bateson and Peter Rees Q.C. (with Edwin Glasgow Q.C. joining Marion Smith Q.C. in re-casting the chapter on mediation). The adjudication chapter has undergone significant revision by David Sawtell. A top authority on unjust enrichment has substantially updated and altered the law of extracontractual claims (unjust enrichment).

The work offers important, actionable advice, such as where and when to issue proceedings, what judges can expect and like, and how to expedite trials. The enforcement of adjudicators' awards is covered in a separate section that also examines recent case law in this area. This is carefully researched and analysed in detail to ensure the reader has a knowledge of the problems of enforcement.

Paul Darling QC and Richard Wilmot-Smith QC make sure that the book remains a crucial source of reference for this area of the law. This book's practical style and focus on concise explanations are present throughout, and it is combined with extensive research to solidify its status as the leading textbook on construction law.

TABLE OF CONTENTS of Wilmot-Smith on Construction Contracts, Fourth Edition

Part I: The Contract
1: Contracts: Formation and Interpretation, Paul Darling QC and James Bradford
2: Standard Forms of Contract and Bespoke Contracts, John Denis-Smith
3: Extra- Contractual Claims: Unjust Enrichment, Frederick Wilmot-Smith
4: Assignment, Sub- Letting, the Contracts (Rights of Third Parties) Act 1999 and Collateral Warranties, Paul Darling QC and Melissa Shipley
5: The Roles of Professionals, Patrick Hennessey and Philippe Kuhn
6: Tort and Construction Law, Richard Wilmot-Smith QC
7: Exclusion and Limitations of Liability, Jonathan Bellamy and Joe-han Ho
8: Mistake, Misrepresentation, and Frustration, Karim Ghaly QC
9: Guarantee and Indemnity, Hannah McCarthy
10: Certificates and the Right to Payment, David Sawtell and Nicholas Higgs
11: Time for Completion, Nicholas Higgs
12: Damages for Breach of Contract, Daniel Benedyk and Ruth Keating
13: Determination or Forfeiture Clauses, David Hopkins
14: Loss and Expense, Adrian Hughes QC and Gethin Thomas
15: Limitation of Actions, Michael McParland QC and Stephanie David
16: Injunctions and Specific Performance, Kelly Stricklin-Coutinho
17: Bribery, Paul Darling QC
18: Mediation and Alternative Dispute Resolution, Edwin Glasgow QC and Marion Smith QC
19: Adjudication, David Sawtell and Nicholas Higgs
20: International Construction Arbitration, Peter Rees QC, David Brynmor Thomas QC, David Bateson, and Samar Abbas Kazmi
21: Litigation, John Denis-Smith and Peter Hurst

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ISBN: 9780198832805

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