Book Reviews: Construction Contracts 3E: Law and Management

 


Title:      Construction Contracts 3E: Law and Management
Categories:      Construction
Authors:      John Murdoch, Will Hughes
ISBN-10(13):      0419253106
Publisher:      Taylor & Francis
Publication date:      2000-10-12
Edition:      3rd Revised edition
Number of pages:      416
Language:      English
Picture:      cover           Button Buy now
Review:     

This book is targeted at students on construction based courses who are trying to understand the legal framework within which the construction industry operates. The authors have taken into account the content of construction undergraduate and postgraduate courses.

It is easy to be drawn into blinding students with a detailed exposition of the law when the intention is to provide sufficient detail to constitute an overview of fundamentals. The book is a pleasant read and takes the reader through the fundamentals in a logical way to provide the overview intended.

Members of the project team are identified and discussed within an up to date view of the industry. The various forms of professional terms of engagement are introduced highlighting the way the team interacts. The basic principles of a construction contract are then introduced with reference to the relationship between price and risk allocation.

The separate chapters on common forms of contracting (general contracting, design and build, management contracting and construction management) are very helpful. The chapters are drafted well, with strategic use of diagrams, and should help the reader to understand the main differences between the various forms of contracting.

A book of this nature cannot possible be exhaustive however, a further section on term or framework contracting would have been helpful in the light of the pressure upon public sector clients to procure in this way following regulatory reform in January 2006. Nevertheless, there is a very useful introductory chapter to the regulatory regime.

There are further chapters which provide a good overview of current practice in relation to procurement, risk allocation, choice of contract, tendering and contract award. The latest suite of JCT contracts is drawn upon most frequently to show how standard forms become an integral part of the procurement process. It remains to be seen whether JCT will be able to maintain its pre-eminent position as the standard form contract of choice in the light of growing pressure, particularly on public sector clients, to use NEC. To that end, a useful introduction is given to the NEC form of contract.

The authors cover issues of time and cost in separate chapters. Quality issues are covered throughout the book and particularly within the chapter on the role of the contract administrator.

Third party interests outside of the main contract as between the employer and the contractor are introduced. Such third parties include those who have a direct role to play in the contract (subcontractors), or provide comfort to the contracting parties (bondsmen and insurers) or require some comfort from the contract (subsequent owners). The roles are highlighted in order to impart an understanding of their value in ensuring commercial success of the project.

Towards the end of the book, the authors provide overviews of situations where the contract may not have gone entirely to plan. These final chapters cover defects within buildings, remedies for breach of contract and the various forms of dispute resolution and cover them very well. It is to be hoped that these final chapters will be read for information only.

The reader is taken through the construction process in a logical order and in a meaningful way. Programme or module leaders should not hesitate in adding this book to reading lists and should also consider recommending this book for purchase. Students will find the asking price for this book very good value for money especially as they may find the book useful after completion of their studies.

Wayne Lord

May 2008