Construction Law from Sweet & Maxwell

CONSTRUCTION LAW TITLES, JOURNALS AND INFORMATION SOLUTIONS FROM SWEET & MAXWELL

BUILD ON YOUR EXPERTISE Featuring: • • • • •

Construction Insolvency - NEW EDITION EPC Contracts and Major Projects - NEW EDITION Hudson on Construction Contracts – NEW SUPPLEMENT Keating on Construction Contracts - NEW EDITION Keating on NEC3 Contacts - NEW TITLE

CONSTRUCTION LAW

TITLES, JOURNALS AND INFORMATION SOLUTIONS FROM SWEET & MAXWELL

From the basics on contracts to dealing with disputes, we have a range of titles and services that can help build your expertise sky high.

From new editions of classic texts such as Keating on Construction Contracts and Hudson’s Building and Engineering Contracts, to brand new titles such as Keating on NEC3, we have an ever evolving list of titles to make sure you have the insight and practical guidance you need.

We want you to have the information you need in the format that best suits the way you work. Find out on page 12 how our Online Services such as Westlaw UK can open up a whole new way of researching construction legal work.

CONTENTS NEW FOR 2011

4

NEW 4TH EDITION: Construction Insolvency NEW 2ND EDITION: EPC Contracts and Major Projects NEW 2ND EDITION: Understanding the FIDIC Red Book CONSTRUCTION EXPERTISE FROM KEATING CHAMBERS

6

NEW 9th EDITION: Keating on Construction Contracts NEW TITLE: Keating on NEC3 Keating on JCT Contracts LEADING CONSTRUCTION TITLES OUT NOW

8

Delay and Disruption in Construction Contracts NEW SUPPLEMENT Hudson’s Building and Engineering Contracts Hudson’s Building and Engineering Contracts Building Contract Disputes: Practice and Precedents Construction and Engineering Precedents JOURNALS AND SERVICES

11

Construction Law Journal Construction Law Service WESTLAW UK AND CONSTRUCTION

12

NEW FOR 2011 NEW 4TH EDITION

NEW 2ND EDITION

CONSTRUCTION INSOLVENCY: SECURITY, RISK AND RENEWAL IN CONSTRUCTION CONTRACTS Richard Davis

• Provides commentary and critical analysis on the principles of law behind construction insolvency • Provides guidance on how to deal with the aftermath of formal insolvency, including an analysis of the available procurement routes for a completion contract against the growing case law • Includes new sections on: the legal aspects of the project bank account, the impact on construction law of insolvencies in the financial sector, Amendments to the Housing Grants, Construction and Regeneration Act 1996 and a review of research into the causes and indicators of construction insolvency • Describes the security devices available as protection against insolvency and how they interact and support one another • Provides comprehensive coverage of case law across the UK and Commonwealth jurisdictions and across related legal disciplines • Includes a case study by Neil Burton on the role of an insolvency surveyor in appraising a contractors’ ongoing contracts with worked examples • Includes the text of the Housing Grants, Construction and Regeneration Act 1996, the Economic Development and Construction Act 2009 and the precedent project bank account trust deed published by the Office of Government Commerce • Explores the interface with other areas of law where appropriate such as equity, property, disputes, and directors’ liability • Includes 26 graphs, charts and diagrams to support the written text and a glossary of relevant terms April 2011 Hardback 978-0-414-04609-2

£180 / €261

EPC CONTRACTS AND MAJOR PROJECTS A GUIDE TO CONSTRUCTION AND OTHER PROJECT CONTRACTS

John Scriven and Nigel Pritchard • Provides a guide to the components of engineering, procurement and construction contracts for major projects • Takes an in-depth look at the issues covered by EPC contracts identifying what those contracts cover and what are the variables and negotiating points • Examines the approach to and issues arising in respect of contracts related to EPC contracts including letters of intent, bonds and guarantees and direct agreements • Examines many of the issues covered in the context of PFI/PPP projects, addressing the interrelationship between the construction arrangements and other project contracts including concession agreements • Examines other procurement options, such as engineering, procurement and construction management (EPCM) contracts • It looks at how the risks in projects can be allocated and managed by the project participants and the interface issues which exist between construction and operation subcontractors • Provides a comprehensive list of the issues covered by each project contract and operates as a checklist for the parties preparing and negotiating such contracts • Covers other related project contracts including joint venture agreements, consultant’s appointments, operation and maintenance agreements and concession agreements • Discusses construction financing, procurement, competitive bidding and environmental issues • Includes references to market practice and particular industry sectors where relevant July 2011 Hardback ISBN: 978-0-414-04518-7

YOUR 30-DAY SATISFACTION GUARANTEE Our customer promise means that if you are not totally satisfied with the goods you have ordered you are protected under our 30-day satisfaction guarantee. As long as the goods are returned within the 30-day period, in good resalable condition and according to our returns procedure, your order will be cancelled and you will owe nothing or will be refunded the price of the goods. Applicable in UK and Europe only.

£215 / €312

NEW 4TH EDITION

UNDERSTANDING THE FIDIC RED BOOK Jeremy Glover and Simon Hughes • Examines the effect and operation of each contract clause through clause-by-clause commentary • Helps you to interpret contract clauses correctly and decide whether amendments need to be made to suit your situation • Reproduces each clause followed by bullet points of key features plus additional commentary on the clause’s operation, points of interest and relevant cases • Compares the new contract with previous versions of the FIDIC Red Book and other widely used standard contracts, such as the ICE forms • Provides guidance on whether amendments or deletions need to be made • Features an overview chapter dealing with thematic issues such as the contract’s history and purpose, the concept of the engineer, time and money, dispute resolution, and enforcement of arbitral awards • Discusses problems frequently encountered in practice in relation to clauses • Discusses the MDB version and how this differs from the standard Red Book contract • Features new sections on Claims, Disputes and Arbitration December 2011 Hardback ISBN: 978-0-414-4460-9

£250 / €363

PLACE YOUR VISIT ORDER TODAY EMAIL CALL

sweetandmaxwell.co.uk sweetandmaxwell.orders@thomson.com 0845 600 9355 (UK) +44 (0)1264 388560 (INTERNATIONAL) QUOTING REFERENCE 0327202 A

CONSTRUCTION EXPERTISE One of the most highly regarded specialist chambers in construction and engineering law, Keating Chambers have provided high quality advice and advocacy in construction law for over 50 years.

Key members of Keating Chambers also lend their significant expertise to leading titles on construction law.

NEW 9TH EDITION

KEATING ON CONSTRUCTION CONTRACTS Sir Vivian Ramsey and Stephen Furst QC Assisted by contributors from Keating Chambers • Provides detailed commentary on all issues relating to construction contracts • Gives practical help on interpreting legislation and analysing judicial decisions • Up-to-date references to case law, journals and other source material • Covers UK case law and relevant decisions from Europe and overseas • Includes Commentary on JCT Standard Form of Building Contract and Nominated Sub Contract • Features key sections of Housing Grants, Construction and Regeneration Act COVERAGE: • The nature of a Building Contract • Formation of Contract • Construction of Contracts • The Right to Payment and Varied Work • Employer’s Approval and Architect’s Certificates • Excuses for Non-Performance • Negligence and Economic Loss • Default of the Parties - Damages • Time for Completion and Liquidated Damages • Default of the Parties - Various Matters • Various Equitable Doctrines and Remedies • Assignments, Substituted Contracts and Sub-Contracts • Architects, Engineers and Surveyors • The European Community • Various Legislation • Arbitration and Adjudication • Litigation • The JCT Standard Form of Building Contract (1998 edition) • Commentary on JCT Nominated Sub - Contract Agreement Nsc/A and conditions Nsc/C • The ICE Form of Contract - 7th edition 1999 December 2011 Hardback ISBN: 978-0-414-04792-1

YOUR 30-DAY SATISFACTION GUARANTEE Our customer promise means that if you are not totally satisfied with the goods you have ordered you are protected under our 30-day satisfaction guarantee. As long as the goods are returned within the 30-day period, in good resalable condition and according to our returns procedure, your order will be cancelled and you will owe nothing or will be refunded the price of the goods. Applicable in UK and Europe only.

£395 / €573

FROM KEATING CHAMBERS NEW TITLE

NEW 2ND EDITION

KEATING ON NEC3

KEATING ON JCT CONTRACTS

David Thomas QC assisted by a team from Keating Chambers

Keating Chambers General Editor: Adrian Williamson QC Editors: Gaynor Chambers, Adam Constable, Lucy Garrett, Matthew Holt and Vincent Moran

• Goes through the aims and creation of the NEC • Explains the structure of ECC contracts and clarifies how the contract works in practice • Takes you through the core clauses providing expert commentary on each • Gives you practical guidance on drafting and interpreting the contract helping you to find the best way to use the contracts for your situation • Outlines the dispute resolution options so you can agree on the best method when drafting the contract • Gives you guidance on the schedule and shorter schedule of cost components when negotiating the time and cost elements of a contract • Covers the contract data including works • Written by leading barristers from Keating Chambers led by David Thomas QC October 2011 Hardback 978-1-847-03331-4

£179 / €260

Keating on JCT Contracts provides detailed guidance on using the JCT Construction Contracts, with clause-byclause commentary on the major contracts.

The complete set of the new JCT 2011 Edition will be issued from September 2011 to January 2012. You will receive three updating releases featuring the new JCT Contracts 2011Edition, and commentary on the most essential contracts from the major JCT contract families.

These include: • Design and Build Contract • Standard Building Contract • Intermediate Building Contract • Minor Works Building Contract with contractor’s design • Prime Cost Building Contract • Major Project Construction Contract • Measured Term Contract • Repair and Maintenance Contract • JCT - Constructing Excellence Contract • Short Form of Sub-Contract • Sub-subcontract KEATING ON JCT CONTRACTS: • Supplies in one source the entire suite of JCT contracts • Provides detailed clause-by-clause commentary on all the major contracts • Highlights key interpretive issues and how clauses have been treated in case law • Discusses differences and similarities between the 2005 suite and 2011Edition • An archive CD-ROM of previous JCT Contracts editions Looseleaf and CD-ROM £499 (+£10 VAT) = £509

€659 (+€13.20 VAT) = €672.20 Three release from September 2011 to January 2012

Updating releases charged for on publication

PLACE YOUR VISIT ORDER TODAY EMAIL CALL

sweetandmaxwell.co.uk sweetandmaxwell.orders@thomson.com 0845 600 9355 (UK) +44 (0)1264 388560 (INTERNATIONAL) QUOTING REFERENCE 0327202 A

LEADING CONSTRUCTION TITLES NEW 4TH EDITION

DELAY AND DISRUPTION IN CONSTRUCTION CONTRACTS Keith Pickavance

• Covers each potential stage of delay and disruption from inception and risk assessment through to dispute and settlement • Provides commentary and comparison on 95 standard forms including 22 new standard forms of contract • Provides real solutions and practical advice for problems likely to occur in construction projects • Completely revised, updated and expanded with new sections on planning and scheduling risk, GMP, target cost, partnering and alliancing contracts, notices, pacing and total time claims, forensic schedule analysis, visualisations, settlement and dispute resolution • Discusses the practice and law of proof of causation in delay and disruption related claims, in various jurisdictions • Covers the practice of change management and project control in construction and civil engineering contracts • Maps the developments of practical standards in planning, scheduling and forensic delay analysis against contemporary academic and legal theory • Compares contrasts the old and new construction contracts in their approach to delay,extensions of time and compensation • Deals with the comparative law in this subject for England, Scotland, Australia, Canada, Hong Kong, New Zealand and the United States • Analyses the way nearly all standard form building and civil engineering contracts deal with change management November 2010 Hardback ISBN: 978-0-414-04520-0

YOUR 30-DAY SATISFACTION GUARANTEE Our customer promise means that if you are not totally satisfied with the goods you have ordered you are protected under our 30-day satisfaction guarantee. As long as the goods are returned within the 30-day period, in good resalable condition and according to our returns procedure, your order will be cancelled and you will owe nothing or will be refunded the price of the goods. Applicable in UK and Europe only.

COVERAGE • Risk of Development • Procurement • Standard Form Provisions for Time and Cost • Notices, Claims and Early Warnings • Extensions of Time and Time at Large • Planning and Scheduling • Presentation and Approval of Schedules • Revising, Updating, Monitoring and Reporting • Project Control • Mitigation, Recovery and Acceleration • Variation and Change • Construction Records • Cause and Effect • Forensic Schedule Analysis • Float and Time Contingencies • Disruption to progress and lost productivity • Concurrency, Parallelism and Pacing • Total Time, Total Loss and Global Claims • Damages • Apportionment • Settlements and Dispute Resolution • Appendices

£295 / €428

OUT NOW 12TH EDITION

HUDSON’S BUILDING AND ENGINEERING CONTRACTS Atkin Chambers Hudson’s provides an overview of the law and interpretation of construction contracts, taking into account the practical and commercial realities relating to construction projects.

A new supplement to Hudson publishes in December covering developments since publication.

• Delivers in-depth explanation and interpretation of the law relating to construction contracts • Considers all key standard construction contracts: JCT, NEC, ICE, FIDIC • Provides guidance and clarification on issues arising from disputes relating to the interpretation of construction contracts • Considers contracts in context of the ever expanding associated legislation and case law • Covers areas including Insurance and Indemnities, Bonds and Guarantees and Arbitration • Details the responsibilities and obligations of architects, engineers and surveyors involved in the contracts • Provides a logical examination of the process of Tenders and Estimates through to Approvals and Certificates • Explores the actions of Vesting and Seizure, Forfeiture and Determination and Assignment • Provides commentary designed to be accessible to all construction professionals • Coverage extends to the commonwealth, Australia, Canada, Hong Kong and the US

PLACE YOUR VISIT ORDER TODAY EMAIL CALL

Hudson 12th Edition October 2010 ISBN: 978-1-847-03204-1

£350 / €508

Hudson 12th Edition and First Supplement £415 / €603 ISBN: 978-0-414-02312-3 Hudson12th Edition Supplement: December 2011 Paperback ISBN: 978-0-414-02305-5

£65 / €95

NOW AVAILABLE ON WESTLAW UK We have added Hudson on Building and Engineering Contracts to Westlaw UK. Rather than just replicating the text of Hudson, we have added powerful tools that enhance and complement the content, making it easy to navigate and search.

You can have Hudson on Building and Engineering Contracts as an add on to your existing Westlaw Uk Subscription.

For more information and pricing details please contact your account manager or call 0800 028 2200, email customer.servoce@westlaw. co.uk or visit www.westlaw.co.uk

sweetandmaxwell.co.uk sweetandmaxwell.orders@thomson.com 0845 600 9355 (UK) +44 (0)1264 388560 (INTERNATIONAL) QUOTING REFERENCE 0327202 A

LEADING CONSTRUCTION TITLES OUT NOW BUILDING CONTRACT DISPUTES: PRACTICE AND PRECEDENTS Robert Fenwick Elliott and Jeremy Glover

Building Contract Disputes is the definitive guide to handling and resolving construction disputes. It examines the different types of disputes that can arise, and covers the potential solutions available.

• Presents the definitive guide to handling and resolving construction disputes • Lists of key stages and the considerations to make for each • Summarises the main contractual provisions and relevant law • Provides guidance on litigation, arbitration, ADR and adjudication • Includes an unrivalled selection of precedents, both for inclusion in the contracts and for use during the proceedings • Provides details of trade associations, mediators, adjudicators and arbitrators 1 Volume Looseleaf £295 / €428 Updating releases charged for on publication

CONSTRUCTION AND ENGINEERING PRECEDENTS Marshall Levine

Construction and Engineering Precedents is the ultimate drafting tool for all sectors of the engineering and construction industry.

It contains a comprehensive collection of amendments and drafting alternatives to all the standard construction and civil engineering contracts, both domestic and international.

• Includes support precedents to cover every stage of a building or civil engineering project • Provides expert guidance and drafting advice, with a clause-by-clause analysis and legal commentary • Covers PFI and FIDIC contracts, consultancy agreements and collateral warranties, project management, performance guarantees and bonds • Helps you to draft agreements that meet the requirements of all parties Two Volume Looseleaf Two releases in 2010 Updating releases charged for on publication

YOUR 30-DAY SATISFACTION GUARANTEE Our customer promise means that if you are not totally satisfied with the goods you have ordered you are protected under our 30-day satisfaction guarantee. As long as the goods are returned within the 30-day period, in good resalable condition and according to our returns procedure, your order will be cancelled and you will owe nothing or will be refunded the price of the goods. Applicable in UK and Europe only.

£618 / €816

CONSTRUCTION JORNALS AND SERVICES CONSTRUCTION LAW SERVICE

CONSTRUCTION LAW JOURNAL

Marshall Levine

(Incorporating Technology and Construction Law Reports) General and articles editor: Andrew Burr

The Construction Law Service presents a time effective way of staying in touch with developments in both law and practice.

• Provides a forum that construction law professionals can turn to for guidance, comment and informed debate • Showcases articles contributed by experts in their fields that are read and relied on by practitioners worldwide • Includes case reports that give you comprehensive coverage of recent case law in the UK and in common law jurisdictions • Gives you insight into the latest industry trends • Includes the Construction Act Review 1 Volume Looseleaf £764 / €1009 Updating releases charged for on publication

It brings together commentary, precedents and primary law materials from leading construction works, plus articles contributed by experts in the field.

• Coverage comes from across the spectrum of Sweet & Maxwell construction titles including: • Keating on Building Contracts • Construction and Engineering • Arbitration • Building Contract Disputes: Practice and Precedents • Construction and Engineering Precedents • Construction Law Journal incorporating Technology and Construction Law Reports • Construction Law Yearbook THE SERVICE BRINGS TOGETHER: • • • • •

Primary Material Case Digests The CEDR Rules for Adjudication Coverage of FIDIC Conditions of Contract for Works of Civil Engineering Construction

CD-ROM Four releases in 2011

PLACE YOUR VISIT ORDER TODAY EMAIL CALL

£1625 (+£325 VAT) = £1950 €2146 (+€429.20 VAT) = €2575.20

sweetandmaxwell.co.uk sweetandmaxwell.orders@thomson.com 0845 600 9355 (UK) +44 (0)1264 388560 (INTERNATIONAL) QUOTING REFERENCE 0327202 A

AND CONSTRUCTION A BETTER WAY TO THE RIGHT RESULT Intuitive, simple to use and easy to navigate, Westlaw UK takes the pain out of your legal research, helping you to find the information that makes the difference.

Westlaw UK features information on cases, legislation, news, journals, commentary and a current awareness service that is updated every 15 minutes.

EXPERT ANALYSIS ON TAP Search, read, print, share and digest the hundreds of new articles added every year as well as our extensive archive.

Top journal titles available for Construction Law include: • Construction Law Journal • Construction Newsletter • Environmental Law Review

PUTTING CONSTRUCTION LAW IN CONTEXT To help you put the law in context we have added a collection of market-leading commentary titles to Westlaw UK. Rather than just replicating the text of the books, we have added powerful tools that enhance and complement the content, making them easy to navigate and search.

Titles available include:

• Health & Safety at Work

• Hudson’s Building and Engineering Contracts

• Industrial Law Journal

• Chitty on contracts

• International Energy Law Review

• Charlesworth & Percy on Negligence

• Journal of Environmental Law

• Clerk & Lindsell on Torts

• Planning and Environmental Law Bulletin

• Jackson & Powell on Professional Liability

• Professional Negligence

FIND OUT MORE Visit www.westlawuk.co.uk Or call 0800 028 2200

CONSTRUCTION FROM SWEET & MAXWELL ORDERFORM Complete in BLOCK CAPITALS and BLACK INK

PERSONAL / ORGANISATIONAL DETAILS

PLEASE SEND ME THE FOLLOWING: Qty Title

Title: ISBN

Price

Construction Insolvency 4th Edition, April 2011 , Hardback

978-0-414-04609-2 £180 / €261

EPC Contracts and Major Projects 2nd Edition, July 2011, Hardback

978-0-414-04518-7

Understanding the FIDIC Red Book 2nd Edition, December 2011, Hardback

978-0-414-4460-9

£250/ €363

Keating on Construction Contracts 9th Edition, December 2011, Hardback

978-0-414-04792-1

£395 / €573

Keating on NEC3 October 2011, Hardback

978-1-847-03331-4

£179 / €260

Keating on JCT Contracts Looseleaf and CD-ROM Up to 5 releases in 2011 Updating releases charged for on publication

978-0-414-04792-1

£499 (+£10 VAT) = £509 €659 (+€13.20 VAT) = £672.20

Delay and Disruption in Construction Contracts 4th edition, Hardback

978-0-414-04520-0

First Name:

Surname: Job Title:

£215 / €312

Firm/Organisation: Address:

Postcode:

Country:

Telephone:

DX:

Email address:

PAYMENT OPTIONS Using my Account No.:

978-1-847-03204-1

Hudson’s Building and Engineering Contracts 12th Edition and 1st Supplement, Hardback

978-0-414-02312-3

£415 / €603

Building Contract Disputes: Practice and Precedents Updating releases charged for on publication

978-0-752-00398-6

£542 / €716

Construction and Engineering Precedents Updating releases charged for on publication

978-0-752-00546-1

£618 / €816

Construction Law Journal

ISSN: 0267-2359

£764 / €1009

Fax:

£295 / €428

Hudson’s Building and Engineering Contracts 12th Edition, Hardback

Construction Law Service CD-ROM Four releases in 2011

Delivery

PO No.:

Please charge my credit card:

£350/ €508

American Express

Visa

Mastercard

Switch/Maestro

| | | | | | | | | | | | | | | | | | | | D | M | M | Y | Y | Expiry Date: | D | D | M | M | Y | Y Issue No. (Switch/Maestro only): | | | | Card Billing Address: Card No.:

Start Date:

D

(if different from above)

ISSN: CONS-STAN

£1625 (+£325 VAT) = £1950 €2146 (+429.20) = £2575.20

Postcode: Country:

I enclose a cheque payable to Sweet & Maxwell All goods are subject to our 30 day Satisfaction Guarantee (applicable to EU customers only). All orders are accepted subject to the terms of this order form, our Terms of Trading (see www.sweetandmaxwell.co.uk) and relevant Service Terms (with the product if not already supplied to customer). By submitting this order form I confirm that I accept these terms and I am authorised to sign on behalf of the customer.

Signature:

Date:

| | | | Y | Y |

D D M M

Print name:

Our VAT No. is GB 900 5487 43 and our Irish VAT No. is IE 9513874E. For customers in an EU member state (except UK & Ireland) please supply your VAT number:

HOW TO PLACE YOUR ORDER Please quote Order Source No. (below) ONLINE www.sweetandmaxwell.co.uk EMAIL TRLUKI.orders@thomsonreuters.com (UK)

(001) V8.1 (10.2011) / SL / AM / ASP

TRLUKI.international@thomsonreuters.com (International)

Order Source No.: 0327106A

Total:

Delivery charges are not made for titles supplied to mainland UK. Non-mainland UK please add £4/€5 per delivery.

Europe - please add £10/€13 for first item, £2.50/€3 for each additional item.

Rest of World - please add £30/€38 for first item, £15/€19 for each additional item.

PHONE 0845 600 9355 (UK) +44 (0)1264 388560 (International) FAX +44 (0)20 7393 8051 POST Orders, Sweet & Maxwell, FREEPOST, PO Box 2000 Andover. SP10 9AH, UK

Thomson Reuters (Professional) UK Limited – Legal Business (Company No. 1679046). 100 Avenue Road, Swiss Cottage, London NW3 3PF. Registered in England and Wales. Registered office: Aldgate House, 33 Aldgate High Street, London EC3N 1DL. Trades using various trading names, a list of which is posted on its website at sweetandmaxwell.co.uk Thomson Reuters (Professional) UK Limited is a registered data controller under number Z7602050.

Your information will be added to the marketing database and will not be given to third parties without your prior consent. Your information will be used to send you relevant marketing and informational material on our products and services.

If you do not wish to receive information about products and services from the following please tick the relevant box[es] Sweet & Maxwell W Green ­ Incomes Data Services For a detailed privacy statement, a copy, or correction of your information please write to Marketing Information, 100 Avenue Road, London NW3 3PF or call 0207 393 7000.

UK VAT is charged on all applicable sales at the prevailing rate except in the case of sales to Ireland where Irish VAT will be charged on all applicable sales at the prevailing rate. Customers outside of the EU will not be charged UK VAT. The price charged to customers, irrespective of any prices quoted, will be the price specified in our price list current at the time of despatch of the goods, as published on our website unless the order is subject to a specific offer or discount in which case special terms may apply.

Rates, prices, delivery charges, discounts, dates and other information are subject to change at anytime without prior notice. Goods will normally be despatched within 3-5 working days of availability.

“Thomson Reuters” and the Thomson Reuters logo are trademarks of Thomson Reuters and its affiliated companies.