Construction claims / by Philip Davenport.

Annandale, N.S.W. : The Federation Press, 2020.

4th ed.

90144

Building laws -- Australia.

Construction contracts -- Australia.

1. Introduction

2. Why categorise claims and remedies?

3. Legal categories of claims

4. Categorising remedies

5. Variation claims

6. Interest

7. Time-related claims

8. Quantum meruit claims

9. Claims after termination by frustration

10. Defective work claims

11. Licensing and building claims

12. Defences

13. Claims after termination

14. The penalty doctrine

15. The deemed trust.

Since the last edition of this book there have been significant changes in the law governing construction claims. In the first two decades of compulsory rapid adjudication there have been hundreds of decisions on the interpretation of the legislation but very many have been overruled and many now need to be reconsidered in the light of recent High Court decisions. A century of decisions on the right of a contractor when the principal repudiates the contract have been overturned. The scope of unjust enrichment has been expanded by the High Court. Recent decisions from the UK have important implications for apportionment of global claims and concurrent delay. The book makes cogent arguments for abolition of the prevention principle and the entire contract rule and the adoption of deemed contracts. NSW in 2020 created a unique cause of action to give owners corporations and lot owners an entitlement to recover economic loss arising from defective building work. Written by one of Australia's foremost construction lawyers, the fourth edition of Construction Claims has been thoroughly reviewed and updated to take account of these changes. It remains an essential resource for anyone involved in making - or defending - construction claims. - Publisher's website.

Includes bibliographical references and index.

9781760022525

xviii, 294 p. ; 21 cm