Table of CasesTable of Statutes
IntroductionWhy categorise claims?Legal categories of
claimsCategorising remediesVariation claimsInterest and Hungerfords
damagesTime-related claimsQuantum meruit claimsClaims after
termination by frustrationDefective work claimsLicensing and
building claimsDefencesClaims after terminationThe penalty
doctrine
Glossary of termsIndex
Philip Davenport is a solicitor practicing exclusively in
construction law and an adjunct professor, UNSW. He has written
extensively on construction law and worked for city law firms, the
Department of Public Works NSW, as a referee on the Building
Disputes Tribunal NSW and as a lecturer in the Faculty of the Built
Environment, UNSW. For 13 years he has adjudicated claims under the
security of payment Acts and trained adjudicators for Adjudicate
Today.
Helen Durham is a commercial barrister with particular interests in
construction law, contract, equity and alternative dispute
resolution, including adjudication and mediation.
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 legislation 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. - Australian Law
Journal, March 1996
The author has succeeded in presenting this difficult branch of the
law in a manner which is different from that of standard textbooks
and is written in such a way as to hold a student's attention.
The book will also be useful in enabling practitioners to decide
what remedy is available for a particular set of facts and how such
remedy can be enforced; practitioners will be glad to see the last
chapter deals with costs! - The Law Letter (Law Soc of Tas), March
1996
... shortcomings not withstanding, this book is well written for
its target audience [students of construction law, building,
architecture, engineering and so on]. With its conciseness and
clarity, it should prove useful for readers seeking an introduction
to diverse areas of construction law. - Law Institute Journal
(Victoria), April 1996
There is a particularly good chapter on licensing and building
claims and, given the recent law in Queensland on the ability of
unlicensed builders to claim in quantum meruit, this chapter,
alone, is well worth reading.
The text is a good introduction to construction claims and
[Davenport] has achieved his aim of keeping the text simple in
order to explain the basic nature of claims which most commonly
arise out of construction contracts. - Proctor (Qld Law Soc),
August 1996
 |
Ask a Question About this Product More... |
|
