Liquidated Damages and Extensions of Time: In Construction Contracts / Edition 3

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Commercial pressures in recent years have placed new emphasis on the provisions for liquidated damages and extensions of time to be found in all standard forms of construction contracts. Times for completion have shortened, levels of liquidated damages have risen, and the once familiar practice of employers waiving their right to deduct liquidated damages has disappeared. A surge of cases in the courts reflects the increase in disputes on liquidated damages and extensions of time, and the legal rulings which have emerged show the need for all those involved in the financial management or contract administration of construction projects to be fully informed on the subject. This book covers in detail the legal principles on liquidated damages and extensions of time and the effects and implications of recent judgments, and examines in depth the relevant clauses of the current standard forms of building and civil engineering contracts. Particular attention is given to the pitfalls to be avoided in setting levels of liquidated damages, to the procedures which must be followed by architects, engineers and contract supervisors in granting extensions of time, and to clarifying the many misunderstandings on time and damages which abound in the construction industry.
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Editorial Reviews

Examines the legal complexities of contract law in the construction business with regard to delay of completion clauses. Uses extensive case material to examine subjects including damages, defenses, extension provisions, relevant causes of delay, and legal application to subcontractors. Includes an extensive section showing examples with commentary of standard building contract forms. Annotation c. by Book News, Inc., Portland, Or.
From the Publisher
"Practitioners of construction contracts owe a debt to Brian Eggleston for this updated publication and the sooner they add this to their library the better." (The Expert and Dispute Resolver, Spring 2009)

"Eggleston has once again hit the nail on the head with this high-quality, easy to understand legal textbook written for lawyers and the industry." (Building Magazine, February 2009)

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Product Details

  • ISBN-13: 9781405118156
  • Publisher: Wiley
  • Publication date: 2/17/2009
  • Edition number: 3
  • Pages: 408
  • Sales rank: 1,345,883
  • Product dimensions: 6.90 (w) x 9.60 (h) x 1.10 (d)

Meet the Author

Brain Eggleston CEng, FICE, FIStructE, FCIArb, is a chartered arbitrator with extensive UK and international experience and a past President of the Chartered Institute of Arbitrators. He also acts as an adjudicator and mediator and as an adviser to contractors and employers on contractual matters. He is well known as an author and seminar speaker on contract law and standard forms.

In a career spanning over 40 years he has worked on all sides of the construction industry, firstly as a bridge designer, then as a resident engineer and contracts administrator, and subsequently as a director of various building and civil engineering contracting companies.

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Table of Contents

1 Introduction
2 Time in contracts
3 Damages for late completion
4 Liquidated damages and penalties
5 Prevention
6 Legal construction of liquidated damages clauses
7 Effects of determination
8 Problems with sectional completion
9 Application to sub-contractors
10 Recovery of liquidated damages
11 Defences/challenges to liquidated damages
12 Extensions of time
13 Relevant events
14 Concurrent and culpable delays
15 Programmes and method statements
16 Building forms
17 Civil Engineering Forms
18 Process and Plant Forms
Table of Cases
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