Construction Law Casebook 2001/2002 - Vol 2

Description

A compilation of construction cases from mid-2001 to mid-2002 and is the second volume in the series. Malaysian cases have also been included beginning with this volume.

Table of Contents

Part 1 General Aspects of Building Contracts
Chapter 1
Formation of Contract
Agreement of terms during contract negotiations
Operation of a mistake in law and equity

Chapter 2
Terms of Contract
Terms of design and build contracts
Inconsistent terms
Implied Terms
Effect of extraneous or parol evidence on written terms

Chapter 3
Time
Time of the essence
Time set at large

Chapter 4
Payments
Money held as retention sums
Direct payment by building owner for materials
Payments and loans to related parties
Bonus payments
Back charges and set-offs

Chapter 5
Certificates
Temporary finality of architects & certificates
Certificates and set-offs
Certificate not issued in accordance with prescribed processes
Architect's role as certifier

Chapter 6
Termination
Termination for payment delays
Termination for slow progress of works
Notice of termination
Novation agreement made by insolvent contractor
Damages for wrongful termination

Part 2 Construction Defects

Chapter 7
Defects in Common Property
Legal capacity of management corporations

Part 3 Other Contractual Issues

Chapter 8
Performance Bonds
Unconscionable call of bonds
Performance in the underlying contract and finding of unconscionability
Statement of the principles on unconscionability
Position of the guarantor or bondsman
Liability of signatory for letter of indemnity

Chapter 9
Insurance
Coverage of contractors all risks policy
Subcontractor's obligation to take out workmen & compensation policy
Compromise agreement with insurers
Position of the insurer following winding up of the insured

Chapter 10
Sub-contracts
Indemnities and warranties
The majority's decision
Dissenting judgment

Chapter 11
Employment Contract Exclusion clauses
Claim for future earnings

Part 4 Tortious Liability

Chapter 12
Issues Relating to the Site
Damage caused by building operations
Occupier's liability for injury to visitors

Part 5 Technology Issues

Chapter 13
Construction Patents and Copyight
Construction technology: determining patent infringement
Copyright of design drawings

Part 6 Dispute Resolution

Chapter 14
Arbitration
Incorporation of arbitration clauses
Application for stay
Selection of arbitration rules in international arbitration
Misconduct and breach of the rules of natural justice
Counterclaims and Order 14
Security for costs
Costs of petition for winding up pending appeal against arbitral award


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