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Winward Fearon on Collateral Warranties
Since this book was first published over ten years ago, collateral warranties have been used increasingly by funding institutions, building purchasers and tenants to create a contractual relationship between themselves and other parties involved in the project, whether architect, engineer, contractor or subcontractor. Indeed, collateral warranties are now being used to create primary contractual obligations. There have been some immensely important developments in the law relating to collateral warranties since the first edition. The Contracts (Rights of Third Parties) Act 1999 has introduced radical new developments into English contract law. The book now includes a completely new chapter o...
The New Engineering Contract
The introduction of the New Engineering Contract (NEC) encourages a systematic approach to contracting which is multidisciplinary in nature and fully interlocked in form. The NEC is intended by its supporters to be more flexible and easier to use than any current leading traditional standard forms of contract. It is believed that these features reduce adversariality and disputes. The NEC seeks to achieve this aim primarily through co-operative management techniques and incentives built into the NEC's procedures. This commentary analyses and evaluates these and related claims of innovation. The New Engineering Contract: A legal commentary examines the background to the NEC, its design objecti...
Design Liability in the Construction Industry
Although many designers in the construction industry now feel less concerned about liability for negligence, because of changes in the law of tort over the last few years, it is clear from recent House of Lords' cases (Linden Gardens and St Martin's) that their liability in contract may now extend to loss suffered by subsequent property owners. The increasing use of collateral warranties has also extended a designer's liability. This book, which has been completely rewritten for the Fourth Edition, provides an authoritative and detailed guide to the law on design liability. The new edition includes a summary of the law of tort as it has developed, an extended section on collateral warranties...
Essential Cataloguing
This book is designed for library school students, beginning cataloguers, and any information professionals who find they have to be cataloguers and have forgotten how.
Risk and Insurance in Construction
Those involved in construction have to cope with so much learning in their own discipline that they shun further involvement in subjects such as insurance and law which in themselves are so deeply and intensely complex. However, insurance and law are interwoven in the basic procedures used in the construction industry for undertaking work, be they design, construction, supervision or operation, or any combination of them. This thoroughly revised edition of Nael Bunni's successful book, formerly called Insurance in Construction, provides information on risk, construction law and construction insurance for those involved with all aspects of construction. The chapters on risk have been expanded...
Hague yearbook of international law. Vol. 8 (1995)
This is the eighth volume of the "Hague Yearbook of International" "Law," which succeeds the Yearbook of the Association of Attenders and Alumni of the Hague Academy of International Law. The title "Hague Yearbook of International Law" reflects the close ties which have always existed between the AAA and the City of The Hague with its international law institutions, and indicates the Editors' intention to devote attention to developments taking place in those international law institutions, viz. the International Court of Justice, the Permanent Court of Arbitration, the Iran-United States Claims Tribunal and the Hague Conference on Private International Law. This volume contains in-depth articles on these developments (in English and French) and summaries of (aspects of) decisions rendered by the International Court of Justice, the Permanent Court of Arbitration and the Iran-United States Claims Tribunal.
Current Law Index
None
Collateral Warranties
The use of collateral warranties has been rapidly growing in the UK since the mid 1980s. Following the recent ruling in July 1990 of the House of Lords in Murphy v. Brentwood District Council (extending its decision in D & F Estates Ltd v. The Church Commissioners (1988)) the prospects of success of tenants and subsequent purchasers in a claim for negligence have been severely restricted. This radical change in the law has lead developers, tenants, subsequent purchasers and funding institutions to seek a contractual, creating a direct contractual relationship with architects, engineers, contractors and sub-contractors. The remedy has its own problems. Very few standard forms of collateral wa...
