Law of Construction Disputes, The
Page 663
Index
Index
- Abatement
- ACA forms of contract
- Accord and satisfaction –
- ACE forms of contract , ,
- Act of God , , ,
- Adjudication , –
- Affirmation
- Agency
- Amicable settlement
- Anticipatory repudiation –
- Applicable law
-
Arbitration
- agreement –, –
- amiable compositeur or ex aequo et bono
- Arbitration Act 1996
- arbitrator –
- award –,
- confidentiality –
- disclosure –
- Dispute Board Decisions , ,
- document only
- enforcement –
- England: seventeenth century –
- high-low ,
- litigation vs mediation vs –
- mediation ,
- Sharia – Islamic law –, , –
-
stare decisisPage 664
- third parties: 1999 Act
- Capacity
- Causation –, –,
- Certification –
- Civil law –, ,
- Claims –
- Collateral warranties , , , –
- Common law –
- Conciliation
- Condition precedent
- Conditions
- Confidentiality
- Consideration –
-
Construction contract
- agreement to agree
- battle of the forms –
- capacity
- conditions –
- consideration –
- defining –
- estimate for work –
- express terms , , , , , , , ,
- fairness and fair dealing –,
- formation –
- implied agreements
- implied terms , , , ,
- innominate terms
- intent to be legally bound –
- invitation to treat –
- letters of intent
- offer and acceptance –, ,
- oral –,
- privity of contract –, , ,
- severability clauses
- Subject to Contract
- tenders –
- uncertainty
- unilateral –
- warranties
- Construction operations
- Construction tenders –
-
Contracts (Rights of Third Parties) Act 1999Page 665
- Contribution
- Cost reimbursement or cost plus fee contract
- Costs
-
Damages
- civil law countries
- contract vs tort –
- defective work ,
- diminution in value –, –
- encroachment
- extension of time
- FIDIC Forms of Contract –
- instead of rescission
- licence to enter site , , ,
- in lieu of specific performance
- liquidated , , –, –, –,
- measure of
- misrepresentation , , –,
- negligent misstatement
- nuisance
- punitive ,
- reasonable cost of remedial works –
- site possession: employer responsibility
- tort vs contract –
- trespass
- Deceit
- Defective Premises Act 1972
- Defences
- Delay
-
Design professionals –
- architect/engineer’s duty: tort vs contract –
- concurrent negligence and contract duty –
- delegation of design responsibilities –
- duty to others
- fitness for purpose liability –, –, –, , , , , –,
- knowledge of others –
- latent defects, subsequent occupiers and personal injury –
- matters other than design
- NEC3 –
- new, novel and strict design standards , –
- others, liability for design of –
- physical damage/personal injury , –
- purely economic losses –, –, –, , –, –
- reasonable skill and care , –, , , , –
-
retrospective danger, duty to warn of –Page 666
- subsequent occupiers, latent defects and personal injury –
- Design-build form contracts –
- Development banks
- Diminution in value
- Disclosure
- Dispute
-
Dispute Boards , –
- Adjudication Boards , , –,
- advent in England of –
- advisory opinions
- appointment –
- arbitration , ,
- available at short notice
- costs
- enforcement of DAB decisions in interim period before arbitral award –
- growth of –
- history of –
- informal operations
- international aspects
- interpretation of contract
- membership –
- nature of –
- overview
- procedures –
- reasons for success –
- Review Boards , –,
- routine operations –
- Sharia – Islamic law , , –, ,
- site visits, regular –,
- unique
-
Dispute resolution –
- adjudication see separate entry
- arbitration see separate entry
- conciliation see separate entry
- conventional model
- Disputes Boards see separate entry
- engineer as quasi-arbitrator –
- engineer/arbitrator as judge –
- historical development of –
- JCT: changes made in SBC05
- mediation see separate entry
- NEC3
- NEC4
- overview of forms of –
- Sharia – Islamic law –
- Disruption
- Due diligence
- E-disclosure
- Economic duress ,
- Economic loss
- Election
- Encroachment
- Engineer as quasi-arbitrator –
- Engineer/arbitrator as judge –
- Estoppel
- Executive Tribunal
- Expert determination –
- Extension of time (EOT) clauses
-
Fairness and/or fair dealing –,Page 667
-
FIDIC Forms of Contract , –,
- access to and possession of site
- applicable law
- certification ,
- common issues between forms
- damages: claims by
- Dispute Boards –, , –,
- extension of time for completion
- force majeure –, , , ,
- Gold Book , , , ,
- Green Book ,
- proper form
- Red Book , , , , –, , , , –
- Silver Book , –, , , ,
- time limits ,
- Yellow Book , , –, , ,
- Final Account Statements –
- Fixed price contract
- Float –
- Force majeure –
-
Formation of contract –
- capacity
- consideration –
- defining contract –
- implied agreements
- intent to be legally bound –
- invitation to treat –
-
letters of intentPage 668
- offer and acceptance –, ,
- oral contracts –
- privity of contract –
- unilateral contract –,
- France
- Frustration , –, –
- Germany
- Glossary of construction terms –
- Good faith , , , , , ,
- Government forms of contract
- Guaranteed maximum price contract
- Hanafi Islamic Sharia , –
- Hanbali Islamic Sharia –,
- High-low arbitration ,
- Housing Grants, Construction and Regeneration Act 1996
- Human rights
- ICE conditions of contract , , , –
- Implied agreements
- Impracticability or impossibility of performance –, –
- Injunctions
- Innominate terms
- Insolvency
- Intent to be legally bound –
- Interest
- International Chamber of Commerce (ICC) , , ,
- Invitation to treat –
- Islamic law see Sharia – Islamic law
- Issue estoppel –
- JCT forms of contract , , , –
- Joint ventures
- Judicial appraisal
- Jurisprudence constante –
- Latent Damage Act 1986
- Latent defects, subsequent occupiers and personal injury –
- Letters of intent
- Licence to enter site
- Limitations Act 1980
-
Liquidated damages , , –, –, –,
- commercial justification –
- delay claims and
- exclusive remedy
-
float –Page 669
- force majeure
- genuine pre-estimate of loss , –
- ICE conditions of contract ,
- new test –
- penalty –, –
- provision for nil
- Litigation
- Loan agreements
- Natural justice –
- NEC ,
-
Negligence –
- causation –
- certifier –
- design professionals –, ,
- duty of care tests ,
- economic loss –, –, –, , –, , –, , –
- HGCRA 1996
- subcontractors
-
defect issuesPage 670
- Negligent misrepresentation
- Negligent misstatement , –
- Nemo sua judex in sua causa
- Net contribution clauses ,
- Neutral Fact-Finder
- Non-contract liability see Tort
- Notice of dissatisfaction
- Nuisance –
- Pacta sunt servanda , –
- Payment formats
- Payment(s)
- Personal data
- Personal injury, latent defects and subsequent occupiers –
- Precedent –
- Prevention principle –, , , , , , –
- Privity of contract –, ,
- Professional indemnity insurance
- Promissory estoppel –
- Ratio decidendi
- Rectification
- Release
- Remeasurement type of contract –
- Repudiation
- Rescission
- RIBA Architect’s Appointment ,
- Rylands v Fletcher –
- Sale of Goods Act 1979
- Scheme for Construction Contracts (England and Wales) Regulations 1998
- Set-off
- Severability clauses
- Shafi Islamic Sharia –
-
Sharia – Islamic law –
-
doctrinal schools of –Page 671
- enforcement of ADR decisions –
- history –
- Ijtihad
- Iran , ,
- Saudi Arabia –
- sources
-
- Site
- Specific performance , , , –,
- Standard construction contracts
- Standard form contracts –, –
- Stare decisis –,
- Strict liability
- Subcontractor –
- Subject to Contract
- Supply of Goods and Services Act 1982
- Target cost contract
- Tenders –
- Termination of contract
- Time at large , –, ,
- Time of the essence , , , –,
- Time-barred claims –
-
Tort ,Page 672
- Torts (Interference with Goods) Act 1977
- Traditional lump sum or fixed price contract
- Trespass –
- Unconscionability , , , , –, ,
- Unfair Contract Terms Act 1977
- Unilateral contracts –,
- Unjust enrichment