Dr Donald Charrett (ed), Global Challenges, Shared Solutions (2013) published by Society of Construction Law Australia
The theme Global challenges, shared solutions was chosen for the Fourth International Construction Law Conference to encapsulate the idea that, despite the differences between jurisdictions, and between the common law and civil law, the underlying principles of construction law are essentially the same around the world. Thus, the lessons learned from different approaches in other countries are of real interest and have application in other jurisdictions and systems. The papers in this book were written and presented by eminent international construction law practitioners, and have continuing value as a reference on the international practice of construction law. This book of the papers presented at the international conference in Melbourne, Australia in May 2012 was prepared to ensure that the work of the learned authors is available to a wider audience than those who attended the conference.
Philip Loots & Dr Donald Charrett, Practical Guide to Engineering and Construction Contracts (2009) 458p, published by CCH Australia
This book is intended to provide a concise but accurate guide to the law relating to construction contracts in Australia as at 2009. It is intended for the use of engineers (and others) who are involved in the negotiation and administration of construction contracts, to enable them to understand the risks involved, and how to minimise them. The principles of construction law outlined in this book apply to small construction contracts as well as very large contracts for which the contract sum may be in the billions of dollars. It is not intended to cover every relevant topic in detail, as there are already comprehensive and well-regarded books on construction law in Australia and for the common law world. Accordingly a list of references is provided for those readers who require more in-depth information on specific topics.
The focus of this book is on construction contracts entered into by commercial organisations operating in a business environment. The law generally assumes that such parties are of equal bargaining power, and puts relatively few fetters on their ability to agree on the terms of their bargain. Accordingly, the legislation impacting on construction contracts is (relatively) circumscribed, but where it is relevant, it may be of major importance.
This book does not attempt to address the particular features of construction contracts related to building works on domestic housing for individual consumers. It should be noted that most Australian jurisdictions have specific legislation that regulates domestic building contracts, intended to provide consumer protection for individuals who may not be familiar with construction, and who may have limited bargaining power to negotiate appropriate contract terms with the building and professional contractors who execute the building work. Consequently there is considerably more statutory intervention into freedom of contract in domestic building contracts than in other types of construction contracts.
The book can be ordered in hard-copy or as an e-book from CCH:
Philip Loots, Construction Law and Related Issues (1995) 1213p, published by Juta & Co, Cape Town, South Africa
Professor Fred Hugo (Pr Eng) President of the South African Institution of Civil Engineers
“At a time when information technology is progressing at an alarming rate, financial resources are scarce, and the engineering world has become very complex, it is of great importance to provide an authoritative and comprehensive source to which users from all disciplines and spheres of the industry can refer to obtain information. It is only through the collective thoughts and efforts of expert academics and practitioners on a wide array of topics that it becomes feasible to encapsulate such information. Ways and means have to be found to enhance the execution of contracts and to improve the relationships between the parties involved in construction. I believe that this book will serve this purpose.
It is interesting that this book covers a very broad field of topics relevant to the construction process and deals with the most recent important developments in the industry to the benefit of all parties concerned.
It therefore gives me great pleasure to recommend this work to all who are in the business of construction engineering and project management with the hope that it will serve as a stepping stone in the quest for excellence in construction.”
The Hon JJ Trengove Former Judge of Appeal
“I fully endorse the views expressed by Prof Fred Hugo in his forward. The author and his contributors deal very thoroughly and comprehensively with almost every facet of the law relating to engineering and construction contracts. I have little doubt that lawyers, engineers, contractors, and arbitrators will find this book to be a most useful and informative guide and reference book on a sometimes complex but always interesting subject.”
JM Steyn Laubscher (Pr Eng) International Federation of Consulting Engineers (FIDIC) Executive Committee
“There can be little doubt that the construction industry is prone to conflict and dispute. The position of the contracting parties relative to one another and the use of specialists and professionals, both by the employer and the contractor, all contribute to this situation. When one adds to this the fact that all design is, to a greater or lesser extent, an art form, and can thus be looked at somewhat subjectively, the probability of disputes arising on major construction projects is very real.
It is unfortunately also true that the need to educate the parties to a construction contract in matters of law is not adequately appreciated by many tertiary education institutions. I have therefore readily accepted the invitation extended by Philip Loots to add a few words to his book by way of introduction.
Here for the first time is a comprehensive work which covers all the aspects of law applicable to the industry. The Engineering Counsel’s 10 point code of professional practice on risk issues includes: ‘law: know about and comply with the law’ and ‘keep yourself up to date with the substance and intent of the legal and regulatory framework that applies to your work’. The importance of this aspect of risk management cannot be overemphasised.
Mr Loots’ book deals comprehensively with a wide variety of subjects that are relevant to and allied with the industry as a whole, and he is to be complimented for dealing so effectively with such a daunting task.
It is a textbook which should become compulsory reading for all who are in the construction industry.”
Philip Loots, Engineering and Construction Law (1987) 431p, published by Juta & Co, Cape Town, South Africa